DEVENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner contends that he is the adopted son of Jai Singh. He was adopted on 10.4.1983 according to hindu customs and traditions and that the adoption deed was duly registered. His father died on 29.5.1992. By an order of the Civil Judge, dated 24.2.1993, a succession certificate was granted in favour of the petitioner. The petitioner contends that upon his father's death, he applied for an appointment under the Dying-in-Harness Rules. The State Government by an order dated 14.5.2001 informed the District Magistrate that an adopted son was not entitled for appointment under the Dying-in-Harness Rules, 1974. On the basis of this order the District Magistrate, respondent No. 2, by his order dated 30.5.2001 rejected the petitioner's application for appointment under the Dying-in-Harness Rules. The petitioner has now preferred this writ petition for quashing the orders dated 14.5.2001 and 30.5.2001(Annexures 6 and 7 to the writ petition)

(2.) Heard Sri Anshu Chaudhary, the learned Counsel for the petitioner and the learned Standing Counsel for the respondents.

(3.) In Singhasan Gupta v. State of U.P. and Anr. (1996) 1 UPLBEC 4, this Court has held that the claim of an adopted son could not be rejected on the ground that he was an adopted son and directed the authorities to consider his case for appointment if he was found to be valid.