RAM KESH YADWA SRI DEV NARAYAN AND DEV NARAYAN S O SRI SHIV BRAT Vs. DISTRICT MANAGER FOOD CORPORATION OF INDIA AND SENIOR REGIONAL MANAGER

JUDGEMENT

(1.) This appeal arises from the order of the learned Single Judge dated 29.03.2005 dismissing the writ petition of the appellant.

(2.) We have heard Sri R.C. Gupta, learned counsel for the appellants and Sri A.K. Gupta, learned counsel for the respondents.

(3.) The short facts giving rise to this appeal is that the father of the appellant No. 1 who is also the appellant No. 2 was working as handling labour in the office of Food Storage Depot at Azamgarh under the Food Corporation of India. The Food Corporation of India issued a circular dated 02.02.1977. It was modified by circular dated 03.07.1996. The said circulars provide that the workers who seek voluntary retirement on medical grounds and apply within the age limit of 55 years may avail the benefit of appointment of a dependant on compassionate ground. The appellant No. 2 who was admittedly working as handling labour in view of his bad health applied for giving premature retirement and also providing appointment to his son appellant No. 1 as per aforesaid circular. The respondents though accepted the request of retirement and accordingly retired the appellant No. 2 on attaining the age of 55 years but declined to provide appointment to appellant No. 1 on the ground that the application has been moved beyond the specified period and was delayed by 2 months 20 days. Learned counsel for the appellant vehemently contended that once the request of the employee in terms of the circular dated 03.07.1996 is accepted and the order of retirement was passed it was incumbent on the respondents to provide appointment simultaneously to the son of such retired employee. He further placed reliance on the Division Bench judgment of this Court in a similar case being Special Appeal No. 579 of 2005 Nizamuddin and Anr. v. The District Manager, Food Corporation of India, Kanpur Nagar and Anr., decided on 11.05.2005 wherein the direction was issued to give appointment to the appellant therein within 7 days from the date of service of copy of the order on the respondents or in any event within three weeks from the date of the order.