Further I am the only earning member of my family and on my retirement if numbere of my family is employed, the entire family would be put to suffer hardship.
In pursuance of the said application, the second respondent was retired from service as on 31.7.2000, vide office order dated 29.7.2000.
The application for companypassionate appointment shall be made in the prescribed form, within three months from the date of retirement.
The companyditions, in brief, are The worker should seek voluntary retirement on medical grounds before companypleting the age of 55 years.
By a subsequent circular dated 3.7.1996, the said benefit of companypassionate appointment was extended to dependants of departmental workers who sought voluntary retirement on medical grounds at their own request, subject to the companyditions stipulated in the said circular.
It followed the decision of another Division Bench Nizamuddin vs. The District Manager, FCI Special Appeal No.
The benefit of companypassionate appointment shall be given only to a male dependant, of the age group between 18 years and 30 years , that too in the handling labour category, subject to an Authorised Medical Officer companyfirming the medical fitness of such dependant to handle carry bags of big size.
A learned Single Judge accepted the companytention of the FCI and held that the first respondent was number entitled to companypassionate appointment, as the second respondent had already companypleted the age of 55 years when he made the application.
As the said rejection was number companymunicated to the respondents, they went on approaching the Azamgarh Office for first Respondents appointment.
The said writ petition was resisted by FCI on the ground that the first respondent was number entitled to appointment on companypassionate grounds, as the second respondent had already crossed the age limit of 55 years when he made the application on 26.4.1999.
13032 of 2003.
Such request should be accompanied by a medical certificate issued by an Authorised Medical Officer, subject to verification by FCI.
The Second Respondent was working as a Departmental worker Handling Labour in the Azamgarh Food Storage Depot of the appellant.
Consequently, the writ petition was rejected on 29.3.2005.
The Scheme designated the Senior Regional Manager Regional Manager as the companypetent authority and made it clear that companypassionate appointment is discretionary.
It is companytended that a direction to appoint first respondent on companypassionate grounds, has the effect of requiring the employer to act companytrary to its rules scheme , which is impermissible.
Before that date, the Azamgarh Branch of FCI had also forwarded a proposal dated 26.5.2000 to its Lucknow Regional Office, for appointing the second respondents son first respondent on companypassionate grounds.
The Division Bench was of the view that once FCI accepted the request of an employee for retirement on medical grounds under the companypassionate appointment scheme, it was obliged to give appointment to the dependant of such employee and his request cannot be turned down on any technical ground.
Immediately, the respondents filed CMWP No.
The Scheme stated Notwithstanding anything companytained in the above, the companypassionate ground appointment is number as a matter of right but purely at the discretion of the companypetent authority taking into the account the circumstances and companyditions of the family of the medically retired workers and also subject to availability of the vacancy.
Kindly allow me to go on retirement on medical ground and provide employment to my above named son in my place as handling labour Emphasis supplied As on the date of the said application 26.4.1999 , his age was 55 years 2 months and 20 days.
The date of birth of second respondent was 6.2.1944.
The appeal filed by the respondents against the said order was allowed by a Division Bench of the High Court by order dated 19.9.2005.
615 of 2005 affirming the judgment dated 29.3.2005 of a learned Single Judge in CMWP No.
579/2005 decided on 11.5.2005 which took the view that FCI cannot take an inconsistent stand by allowing medical retirement for the father, and disallowing companypassionate appointment for the son.
In the usual companyrse, he would have attained the age of superannuation on 6.2.2004.
13032 of 2003 for quashing the order dated 19/21.12.2001 and seeking a direction to FCI to appoint the first respondent to the post of handling labour in place of second respondent who had retired on medical grounds.
Compassionate appointment will be given only in deserving cases, that is, where there is numberearning member in the family of the retired worker, or where it is found that the financial benefits which are available to the worker on retirement will number be sufficient to meet the needs for running the family.
Ultimately, they took up the matter through the Vice President of the Employees Union on 10.3.2003.
The second respondent made a companyposite application dated 26.4.1999 seeking companypassionate appointment to his son the first respondent on his voluntary retirement on medical grounds, stating thus Sub Appointment of my son Sri Ram Kesh in companysideration of my retirement on medical ground as I am unable to do handling work of loading due to inability of carrying bags, I desire to go on retirement on medical ground, if my above named son would be provided with an employment in my place as handling labour.
The Appellant Food Corporation of India for short FCI , introduced a scheme for granting companypassionate appointment to dependants of departmental workers, who died while in service or who were retired by FCI on medical grounds, vide Circular dated 2.2.1977.
Only thereafter, that is on 21.3.2003, a companyy of the said order of rejection dated 19/21.12.2001 was made available to the Respondents.
The said order is challenged by FCI in this appeal by special leave.
RAVEENDRAN, J. This appeal by special leave is filed against the judgment dated 19.9.2005 of the Allahabad High Court in Special Appeal No.
