ANJESH Vs. FOOD CORPORATION OF INDIA

JUDGEMENT

(1.) The petitioner, Anjesh is a son of the late Radhey Giri, an employee of the Food Corporation of India. Radhey Giri died in harness on 21/1/2009, leaving behind him his widow, his son and two daughters. Upon demise of Radhey Giri, the petitioner's mother Smt. Sona Devi, moved an application before the District Manager, Food Corporation of India, Allahabad, seeking compassionate appointment for her son on account of the sudden demise of her husband. The petitioner himself made an application, seeking compassionate appointment, to the General Manager, Food Corporation of India, Lucknow on 15/6/2009. The petitioner says that he is a graduate and has earned his degree of Bachelor of Science in the year 2014. The petitioner submitted his claim in the prescribed format in the month of September, 2009 before the Food Corporation of India, District Office Agra, a copy of which is annexed as Annexure No.5 to the writ petition. The Regional Manager, Food Corporation of India, Lucknow, who is respondent No.3 to this writ petition, by a letter dtd. 17/12/2009 directed the petitioner to get his health certificate from the Chief Medical Officer, Allahabad. The medical examination was done on 23/12/2009 and a certificate of that date issued.

(2.) The Committee, competent to assess the petitioner's claim for compassionate appointment, examined his case and submitted a report dtd. 13/1/2010, opining that the family are living in hardship and a compassionate appointment is very necessary. It appears that taking into account the petitioner's claim, the recommendations of the Committee, besides similar claims by others, a roster was drawn up by the District Manager, Food Corporation of India, District Allahabad, placing the petitioner's name at serial No.15, showing the date of his application as 25/2/2010. The roster serial number indicated was 14. The roster aforesaid was forwarded by the District Manager to the Assistant General Manager (Industrial Relation), Food Corporation of India, Lucknow for necessary action on 18/6/2013. A reminder dtd. 24/2/2014 was sent by the District Manager, Food Corporation of India, Allahabad to the Assistant General Manager (Industrial Relation), Food Corporation of India, Lucknow.

(3.) It is the petitioner's case that vide letter dtd. 20/10/2014, the District Manager, FCI, Allahabad intimated the Assistant General Manager (Industrial Relation-Labour), Food Corporation of India, Lucknow about the roster position of claims pending before him for compassionate appointment. It is averred that in the office of the District Manager, Food Corporation of India, Allahabad, no compassionate appointment was given to any candidate. An information was secured by one Satyapal Singh from the Manager (IR-L), acting on behalf of the Assistant General Manager (IR-L), Food Corporation of India, Regional Office, Lucknow, that there were two posts available to be filled up on compassionate ground with the Food Storage Depot, Naini, Allahabad. At the same time, vide a letter dtd. 21/12/2016, the Manager (IR-L) in the office of the Assistant General Manager (IR-L) informed the petitioner that for the present, there are no posts available to be filled up on compassionate basis in the Corporation's depot at Naini, Allahabad.