- (1.) We have heard Shri N.P. Singh appearing for the Food Corporation of India. Shri R.C. Gupta appears for the petitioners-respondents.
(2.) These four Special Appeals have been filed against the judgments of learned Single Judge dated 21/7/2005, directing the Food Corporation of India to consider the case of petitioner-respondents as the dependants of employees of the Corporation for appointment on their retirement on medical ground under the relevant laws within three months. The appeals have been filed with delay of 241 days. In the affidavit accompanying the delay condonation application, it is stated that the writ petition was decided in terms of the judgment in Writ Petition No. 46904 of 2000, Vijai Kumar V. Zonal Manager and others, which was not available with the Corporation. The judgment was sent by the counsel of Food Corporation of India to the Regional office on 8.9.2005, and thereafter the competent authorities in the district offices, gave approval to file special appeals. The grounds for condonation of delay are sufficient. The delay in filing the Special Appeals is condoned. The delay condonation applications are allowed and the matters were heard.
(3.) In Vijai Kumar v. Zonal Manager, Food Corporation of India, learned Single Judge heard the matters to set aside the decision taken by the Food Corporation of India rejecting the petitioner' application for appointment on the retirement of his father Shri Darab Singh a Class IV employee, on medical grounds, under the Food Corporation of India Staff Regulations, 1971, and various circulars issued from time to time, providing that if a Class IV employee before completing the age of 57 years, and a Class III employee before completing the age of 55 years, under Regulations 23 (3) and 22(4) and also circular letters, request for retirement on medical grounds with the condition that their dependants should be given employment, the Corporation may consider the offer. Learned Single Judge in Vijai Kumar Singh's case directed the Corporation to consider the claim of the petitioner for appointment.;