FOOD CORPORATION OF INDIA Vs. NIZAMUDDIN

JUDGEMENT

(1.) Second respondent was an employee of the appellant - Food Corporation of India ('FCI' for short). His date of birth was 8.2.1943. On 16.2.1998, the second respondent gave a letter seeking retirement on medical grounds and appointment of his son on compassionate grounds. The said letter is extracted below:

(2.) In pursuance of it, after medical examination FCI, by its letter dated 29.4.2000 permitted the second respondent to retire with effect from 30.4.2000. Nearly three years later, on 19.2.2003, the first respondent who is the son of second respondent submitted an application seeking compassionate appointment. A fortnight later, on 8.3.2003, the respondents filed a writ petition before the Allahabad High Court seeking a direction to FCI to appoint the first respondent on compassionate grounds. By interim order dated 13.3.2003, the High Court directed the competent authority under FCI, to pass a speaking order on the said application. In pursuance of it the competent authority passed an order dated 13.3.2003 relevant portion of which is extracted below:

(3.) Subsequently, a learned Single Judge, by judgment dated 29.3.2005, dismissed the writ petition holding that the first respondent was not eligible for appointment in view of conditions of the circular dated 3.7.1996. However a Division Bench of the High Court allowed the appeal filed by the respondents by judgment dated 18.3.2007 purporting to follow the decision of this Court in Food Corporation of India v. Ram Kesh Yadav, (2007) 9 SCC 531. The said judgment is challenged in this appeal by special leave. The question for consideration is whether first respondent is entitled to claim compassionate appointment under the relevant scheme.