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2025 DAILYLAW 770 (UTT)

RANJEET SINGH YADAV v. STATE OF UTTARAKHAND

WPSS/8/2025 · 2025-01-09

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:426 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS No. 08 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Ms. Lata Negi, learned counsel for the petitioner. 2. Mr. B.S. Koranga, learned Brief Holder for the State. 3. Petitioner is seeking compassionate appointment on the ground that petitioner is adopted son of the deceased employee in support of which the copy of the adoption deed is enclosed with the writ petition. 4. On the previous date, State was directed to get instructions in the matter. 5. Today, learned Brief Holder for the State, on the basis of written instructions, submits that under Amended Rules, 2019 relating to the Dying in Harness Rules, 1974, adopted son is not included under the definition of “family”, therefore, compassionate cannot be given to the petitioner. Submission as advanced by learned State Counsel is completely misconceived and is out rightly rejected. 6. This Court is of the view that “son” also includes “adopted son” and being adopted son, he also falls within the definition of family. 7. Accordingly, respondents are directed to consider the claim of the petitioner in accordance with law by speaking and reasoned order by treating the petitioner to be adopted son and dependent of deceased employee, since respondents are not questioning the validity of the adoption deed, within a period of six weeks from the date of production of certified copy of this order. 8. Subject to the observation as above, the writ petition is disposed of finally. (Rakesh Thapliyal, J.) 09.01.2025 SKS 2025:UHC:426