Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:55407 Court No. - 4 Case :- WRIT - A No. - 4766 of 2025 Petitioner :- Jeetu Dixit Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Virendra Singh Yadav Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
1. Heard learned counsel for the parties.
2. By means of this petition filed under Article 226 of Constitution of India, petitioner is seeking compassionate appointment on account of his uncle dying in harness in the year 2015.
3. Learned Standing Counsel submits that the petitioner has approached this Court not only belatedly but is also being considered as dependent upon his uncle cannot be placed within the definition of family of his uncle.
4. Upon a pointed query being made, learned counsel for the petitioner submits that the petitioner has been adopted by his uncle on 02.04.2009 when the learned counsel was further required to place before the Court, the registered deed of adoption, he brought to the notice of this Court the document filed as Annexure No.1 to the petition which only contains a piece of paper titled as adoption deed with signatures of certain witnesses.
5. In the considered view of the Court in the event adoption deed is not registered one, it cannot be prima facie presumed as valid deed of adoption of petitioner by his uncle so as to make out a case for compassionate appointment. In such matters it is necessary for such an adopted child to file first adoption deed or declaration deed or succession otherwise through a common law remedy. In the absence of either of the conditions no writ of
mandamus can be issued as the authorities cannot be under obligation to discharge their duties to provide compassionate appointment to such an adopted son.
7. Subject to liberty for the petitioner to get necessary declaration from a competent court of law, this petition is consigned to records. Order Date :- 16.4.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad