HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?AFR Court No. - 10 Case :- SERVICE SINGLE No. - 6950 of 2015 Petitioner :- Amir Hasan Respondent :- State Of U.P. Through Prin. Secy. Deptt. Of Irrigation & Wat Counsel for Petitioner :- Sameer Kalia,Rajat Rajan Singh Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J.
Heard learned counsel for the parties.
The petitioner herein claims to be the adopted son of Late Shri Anwar Hasan who was his maternal uncle (Mama).
The contention is that the mother and father of the petitioner separated at the time of his birth. Subsequently, the maternal uncle took care of the petitioner as also his mother and veritably adopted the petitioner. Reliance has been placed upon a will deed executed and registered by Late Shri Anwar Hasan in favour of the petitioner. The claim of the petitioner for compassionate appointment in lieu of his maternal uncle who died in harness in the year 2014 has been rejected on the ground that he does not fall within the definition of family contained in the Dying in Harness Rules, 1974.
The will executed by Late Shri Anwar Hasan does not entitle the petitioner to compassionate appointment under the Rules, 1974 by itself unless the petitioner can establish that he falls within the definition of family contained therein. By execution of a will property or right to the estate of the deceased can be bequeathed but no right of compassionate appointment can be conferred.
It is settled that adoption has not been provided in Muslim Personal Law. As far as the adoption under the Juvenile Justice Act, 2000 is concerned, the same is permissible irrespective of it not being permissible under the Personal Law but then the said Act has no application in the present case as there was no adoption thereunder also and the judgment reported in (2014) 4 SCC 1 for the first time clarified the legal position and it was rendered after the death of Anwar Hasan.
There is no adoption deed in the present case, in these circumstances, the only course of action open for the petitioner is to seek a declaration from the Civil Court regarding his relationship with Late Shri Anwar Hasan so as to entitle him to any benefit of compassionate appointment under the relevant rules as per law.
Subject to above, no interference is called far in the matter by this Court. The writ petition is accordingly dismissed with liberty to the petitioner to approach the Civil Court.
Order Date :- 7.12.2015 R.K.P.