Neutral Citation No. - 2025:AHC:56826 Court No. - 4 Case :- WRIT - A No. - 592 of 2025 Petitioner :- Akshay Pratap Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1.Instructions placed today are taken on records. 2. Heard Shri Rajesh Kumar, learned counsel for petitioner and Shri Gaurav Singh, learned Standing Counsel. 3. By means of this petition filed under Article 226 of the Constitution petitioner has claimed for compassionate appointment on account of his father late Jata Shankar Mishra dying in harness while in service of the Home Guard establishment. 4. It is contended that the petitioner is the adopted son of late Jata Shankar Mishra who is otherwise his uncle. 5. Learned Standing Counsel has placed instructions before the Court and as per instruction since the petitioner is the son of the brother of the deceased would not not fall within the definition of the family under the Government Order dated 27.09.2012 which amends the existing definition of family under the Dying in Harness Rules, 1974. However, it is submitted further that if the petitioner is able to furnish succession certificate his candidature can be considered for compassionate appointment. 6. Upon a pointed query being made, learned counsel for petitioner submits that though it has been pleaded in paragraph-15 of the petition that petitioner is adopted son of late Jata Shankar Mishra, but no deed as such has been annexed. 7. In such above view of the matter I decline to grant indulgence. However, liberty rests with the petitioner to apply for declaratory decree from the competent court of law to be son of late Jata Shankar Mishra and in the event he obtains such declaratory decree from the competent court of law, he may apply for compassionate appointment afresh. 8. With the aforesaid liberty the petition is consigned to records. Order Date :- 17.4.2025 Nadeem Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad