R.V. Raveendran, J. - (1.) Second respondent was an employee of the appellant - Food Corporation of India ('FCI' for short). His date of birth was 8.2.1943. On 16.2.1998, the second respondent gave a letter seeking retirement on medical grounds and appointment of his son on compassionate grounds. The said letter is extracted below:Sub: Retirement on medical grounds and appointment of son/close relatives on compassionate grounds. I am working as H.L. in F.S.D. Chandari Depot in gang No. 15. My health is not good. Physically I face difficulty in Sarder/ Manda/ Handling Labour/ Ancillary job. I, therefore request that the management may kindly retire me on medical grounds and at the same time give appointment to my Son/close relative Shri Md. Nizamudin aged 28.2.71 years, in place as F.S.D. Chandri in this depot, because there is no other person in the family to look after us. He has promised to look after me and family after my retirement. [Emphasis supplied]
(2.) In pursuance of it, after medical examination FCI, by its letter dated 29.4.2000 permitted the second respondent to retire with effect from 30.4.2000. Nearly three years later, on 19.2.2003, the first respondent who is the son of second respondent submitted an application seeking compassionate appointment. A fortnight later, on 8.3.2003, the respondents filed a writ petition before the Allahabad High Court seeking a direction to FCI to appoint the first respondent on compassionate grounds. By interim order dated 13.3.2003, the High Court directed the competent authority under FCI, to pass a speaking order on the said application. In pursuance of it the competent authority passed an order dated 13.3.2003 relevant portion of which is extracted below: With reference to the above subject, your application dated 19.2.2003 for appointment to the post of handling labour in FSD Chandari, Kanpur of the Food Corporation of India, has been considered sympathetically in the light of interim order dated 13.3.03 passed by the Hon'ble High Court of Allahabad and the judgment dated 2.8.2002 passed by the Hon'ble Allahabad High Court in Petition No. 43714 of 2001 Raj Nath Yadav and Ors. v. F.C.I. and also the departmental rules and circulars. FCI Headquarters, New Delhi issued circular No. IR/L/31(27)/87 dated 3.7.96 contemplating norms for retirement on medical grounds as well the grant of benefit of appointment on compassionate grounds to the dependent of such employee who, at the time of application, was less than 55 years of age. Since Suleman, who was working as handling labour at FSD Chandari of F.C.I., had applied for retirement on medical grounds vide application dated 16.2.98, date of birth of the said employee, as per the record of the department, being 8.12.1943, the concerned employee had crossed the prescribed age of 55 years by about 2 days. This fact has been corroborated by you in your application dated 19.2.2003. Therefore, as per rules of the department, your application cannot be entertained and your appointment on compassionate grounds is not possible. Hence your application is hereby rejected.
(3.) Subsequently, a learned Single Judge, by judgment dated 29.3.2005, dismissed the writ petition holding that the first respondent was not eligible for appointment in view of conditions of the circular dated 3.7.1996. However a Division Bench of the High Court allowed the appeal filed by the respondents by judgment dated 18.3.2007 purporting to follow the decision of this Court in Food Corporation of India v. Ram Kesh Yadav, (2007) 9 SCC 531. The said judgment is challenged in this appeal by special leave. The question for consideration is whether first respondent is entitled to claim compassionate appointment under the relevant scheme.;