PRABHU NARAIN PATEL Vs. UNION OF INDIA

JUDGEMENT

(1.) This intra Court appeal arises from the judgment and order of the learned Single Judge dated 28.9.2010 in Writ Petition No. 59321 of 2010, Prabhu Narain Patel and another v. Union of India and others, dismissing the appellants' writ petition. It appears that Pancham Ram appellant No. 2, was working as a Loader with the Food Corporation of India (hereinafter called as Corporation) at its Godown/Depot at Varanasi. His date of birth is 17.5.1948. Initially the Corporation had a scheme for giving compassionate appointment to the dependents of its employees dying in harness which was existing since 1977. In 1996 the Corporation floated a scheme for appointment of next of kin of the departmental workers (only loaders) seeking retirement on medical ground, on their own request. In this regard a circular was issued by the Head Office of the Corporation on 3.7.1996. The circular provided a detailed recruitment procedure and the terms and the conditions under which such appointment could be considered and granted.

(2.) The conditions required to be fulfilled as enumerated in the circular are as follows :

(3.) Pancham Ram, the appellant No. 2 (father of the appellant No. 1), before completing the age of 55 years on 27.2.2003 submitted an application intimating that he was unable to work on account of ill health accompanied by a medical certificate. Thereafter he submitted another application dated 27.3.2003 that his application for retirement on medical ground may be considered. Said request of appellant No. 2 was accepted by the Competent Authority vide office order dated 30.4.2003 and he was retired w.e.f. the afternoon of 30.4.2003. Thereafter i.e. after taking retirement on medical ground the appellant No. 2 vide letter dated 8.5.2003 requested for giving compassionate appointment to his son Prabhu Narain Patel (appellant No. 1). Accordingly the necessary formalities were fulfilled by his son the appellant No. 1 seeking appointment on compassionate basis.