RAM KESH DEV NARAYAN DEV NARAYAN SHIV BRAT Vs. DISTRICT MANAGER FOOD CORPORATION OF INDIA SENIOR REGIONAL MANAGER FOOD

JUDGEMENT

(1.) Heard Sri R.C. Gupta for the petitioners and Sri A.K. Gupta, learned counsel appearing for the respondents.

(2.) By means of this writ petition, the petitioner has prayed for quashing the order dated 19/21.12.2001 and that a writ of mandamus may be issued to respondent No. 2 to appoint petitioner No. 1 on the post of handling labour in place of his father who has been retired on medical ground before attaining the age of superannuation.

(3.) It is the case of the petitioner No. 1 that his father who is petitioner No. 2 was working as handling labour in the office of Food Storage Depot at Azamgarh. The Food Corporation of India had issued a circular dated 2.2.77 which was further amended by another circular dated 3.7.1996 (a true copy of the same Annexure-1 to the writ petition) which provided for recruitment procedure of appointment of kin of departmental workers who seek retirement on medical grounds on their own request in relaxation of the procedure of getting sponsored from Employment Exchange. Clause (i) of the circular provides that the worker who seeks voluntary retirement on medical ground should apply within the age limit of 55 years for the purpose of availing the benefit of compassionate appointment. The said condition has been enumerated in the aforesaid circular. The general condition of the circular is that notwithstanding anything contained in the said circular, the compassionate ground appointment is not as matter of right but purely at the discretion of the competent authority taking into the circumstances. The appointing authority is the Senior Regional Manager as provided in the said circular.