SUDDHU Vs. UNION OF INDIA

JUDGEMENT

(1.) D. P. Singh, J. Heard Counsel for the petitioner and Sri Satya Prakash for the respondent Corporation.

(2.) THE relief claimed in this petition is for a mandate to the respondents to consider the claim of petitioner No. 1 for compassionate appointment on the post of handling labour.

(3.) IN the counter-affidavit the substantial facts have not been denied. However, it is pleaded that the scheme provided for in the circular dated 3-7-1996 has been amended vide circular dated 4-3-2003 under which a ceiling of 5% vacancies have been placed for grant of such compassionate appointment and on that basis it is contended that since no vacancy is available, no appointment can be given to the petitioner. It is further alleged that a Division Bench of the Delhi High Court in the case of Food Corporation of INdia v. Food Corporation of INdia Workers Union, (L. A. P. No. 1672 of 2005) has affirmed the scheme of circular dated 4-3-2003 and has held vide its order dated 30-1-2006 that every such compassionate appointment is hedged by the ceiling placed by the said circular even though the application is made prior to 4-3-2003.