RAKHI SINGH Vs. STATE OF U P

JUDGEMENT

(1.) S. S. Chauhan, J. The petitioner has challenged the validity of the order dated 16/20-4-2005 by means of which claim for appointment on compassionate ground has been rejected by the opposite parties. The ground of the rejection as is evident from the impugned order is that the definition of family as provided under the Dying-in-Harness Rules does not include the adopted son. The ground of rejection seems to be misconceived and also against law laid by this Court reported in (1996)1, UPLEBC 4, Singhasan Gupta v. State of U. P. and Ors. and in this case an earlier judgment of this Court reported in 1994 FLR-283, Sunil Saxena v. Sate of U. P. has been relied upon.

(2.) COUNTER affidavit has been filed in which the same stand has been taken by the State. Rejoinder affidavit to the counter affidavit has also been filed.

(3.) CONSIDERING the above legal position, the writ petition is allowed. The rejection order dated 16/20-4- 2005 is quashed and a writ in the nature of mandamus is issued to the opposite parties to appoint the petitioner on a post according to the qualification of the petitioner within a period of two months from the date of production of a certified copy of this order. Petition allowed. .