RAKESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Nisheeth Yadav, learned counsel for the appellant, learned standing counsel for State-respondent no. 1 and Sri Ayank Mishra, appearing for respondents no. 2, 3 and 4. Perused the record.

(2.) This special appeal has been preferred against the judgment and order dated 11.12.2014 passed in writ petition no. 63847 of 2014: Rakesh Kumar Vs. State of U.P. & others, by which writ court has dismissed the writ petition of the appellant-petitioner holding that claim of the petitioner on the basis of decree of civil court cannot be entertained under the Rules holding the field; that on the basis of civil court decree, the petitioner can claim other benefits but not compassionate appointment as he has failed to show that he was a family member dependent on the deceased employee during his life time.

(3.) Brief facts culled out from the record are that petitioner/appellant claims to be adopted son of the deceased employee, namely, Barasati Lal, working on the post of peon in the office of Kanpur Power Corporation (Distribution), Pacchimanchal Vidyut Vitran Khand Kanpur, respondent no. 2, who died on 31.3.2006; that the appellant was adopted by Barasati Lal on 18.2.1999 but the adoption deed was prepared on 9.10.2007 by his mother, wife of late Barasati Lal. The petitioner/appellant then filed an application dated 23.10.2007 before the department for compassionate appointment and also a declaratory suit being O.S. No. 1015 of 2008 for declaration of adoption deed as valid deed. The suit was decreed on 9.1.2014 and the petitioner/appellant was declared adopted son of the deceased employee. Subsequently, on the basis of the decree of civil court, petitioner/appellant filed another representation dated 26.8.2014 for compassionate appointment, but his request was not accepted, hence he filed writ petition which has been dismissed. Aggrieved by said order, petitioner has come up in this special appeal.