High CourtsSingle Bench(1995) 09 AHC CK 0038

Naresh Kumar vs Sahayak Anusandhan Adhikari and Others

Allahabad High Court · Decided on 5 September 1995 · Citation: (1996) 1 UPLBEC 149

HON’BLE JUDGES
M. Katju, J
RESULT
Dismissed
CASE NUMBER
C.M.W.P, No. 24480 of1995

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Judgment

3 paragraphs · 183 words

M. Katju, J.—This writ petition has been filed for mandamus directing the Respondents to appoint the Petitioner under the dying-in-harness rules. The Petitioner claims to be the adopted son of a person who died-in-harness.

2.

This is a totally fraudulent case. The alleged adoption deed is Annexure 6 to the writ petition. A perusal of the alleged deed dated 15.2.1994 shows that the alleged adoption allegedly took place 14 years earlier, ie., in 1980. Hence, it cannot be believed. The Petitioner''s allegation is that while the adoption took place in 1980, the adoption deed was prepared in 1994, which is clearly unbelievable. This is a clear case of fraud which has been practiced in order to get Job by back door and in illegal manner. If there was a genuine adoption, the adoption deed would have been prepared at the time of adoption, and not 14 years later. Several cases have come before me of similar nature where fraudulent cases have been set for getting a Job. The time has now come that this practice must be stopped.

The writ petition is dismissed