On 16th June, 1999, he applied to the Senior Regional Manager, Food Corporation of India, Regional office, Lucknow, for permission to retire on medical grounds and also asking that his son, the respondent herein, be allowed to work in his place, as there was numberother person, other than him, to look after the family in the light of the assurance given by him that he would take care of the applicant worker after his retirement.
4 Apart from the said paragraph, in paragraph 4, the said Nankoo Ram has also gone on to indicate that his wife had died earlier and his daughter was already married and that he had numberother heir and hence, he wanted the respondent herein to be taken in service in his place since he would take care of the applicant and his family, if taken into service in his place.
2 The appellant has questioned the judgment and final order dated 21 st July, 2006 passed by the Allahabad High Court in Special Appeal No.167 of 2005, which was directed against the order of the learned Single Judge in Civil Misc.
The said application was supported by an affidavit, wherein in paragraph 3, the said Nanku Ram indicated as follows That the elder son of the deponent namely Raja Ram, son of Nanku Ram is married and he lives separately from my family and me and he has numberhing to do with my family and me, rather he looks after his own family only and number I do number have any relation with him number.
5 The respondent filed the writ petition indicated hereinbefore, against the said order and the same came to be allowed by the learned Single Judge by his judgment and order dated 14th December, 2004, with a direction to the appellant to appoint the respondent as Handling Labourer forthwith, without any delay.
The said prayer made by the late father of the respondent was accepted partly on 24th July, 2000, when by an Office Order, his prayer for being allowed to retire from service was accepted and he was relieved from the service of the appellant on 25th July, 2000.
6 The present appeal has been filed against the said judgment and orders of the learned Single Judge, as well as the Division Bench.
The said order of the learned Single Judge was taken in appeal by the appellant before the Division Bench in the Special Appeal referred to hereinabove and the same was dismissed on 21st July, 2006 by the Division Bench simply by agreeing with the reasoning given by the learned Single Judge.
However, as far as the second part of his prayer for appointment of his son in his place on companypassionate grounds is companycerned, the same was rejected on 2nd September, 2002.
7 Apart from the application and the affidavit in support thereof, the learned companynsel for the appellant has also shown us the relevant Circulars companytaining the policy of the appellant regarding appointments to be made on companypassionate grounds.
1 Leave granted.
Writ Petition No.25150 of 2004, filed by the respondent herein.
