- (1.) This intra Court appeal arises from the judgment and order of the learned Single Judge dated 28.9.2010 in Writ Petition No. 59321 of 2010, Prabhu Narain Patel and another v. Union of India and others, dismissing the appellants' writ petition. It appears that Pancham Ram appellant No. 2, was working as a Loader with the Food Corporation of India (hereinafter called as Corporation) at its Godown/Depot at Varanasi. His date of birth is 17.5.1948. Initially the Corporation had a scheme for giving compassionate appointment to the dependents of its employees dying in harness which was existing since 1977. In 1996 the Corporation floated a scheme for appointment of next of kin of the departmental workers (only loaders) seeking retirement on medical ground, on their own request. In this regard a circular was issued by the Head Office of the Corporation on 3.7.1996. The circular provided a detailed recruitment procedure and the terms and the conditions under which such appointment could be considered and granted.
(2.) The conditions required to be fulfilled as enumerated in the circular are as follows : 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 ground appointment. The retirement on medical ground should be accompanied with medical certificate from Civil Surgeon/District Medical Officer of equal status in the prescribed proforma, which will be subject to verification, by FCI. The benefit of compassionate ground appointment shall be given only in Handling Labour Category that too for male dependent only. The maximum age limit for such compassionate ground appointment should not exceed 30 years. The minimum age of 18 years should not in any case be relaxed. The compassionate appointment shall be made only in deserving cases where there is no earning member in the family of the retired worker. While considering the compassionate ground appointment the financial benefits, which may be available on retirement, should also be taken into account and the competent authority should satisfy that the retirement benefit shall not meet, for running the family. Application for such compassionate grounds appointment shall be made within 3 months from the date of retirement and this period may be relaxed by the competent authority in exceptional and deserving cases. The appointment shall be subject to medical fitness by an authorized Medical Officer confirming that he is fit to handle, carry bags of big size of. The application for compassionate ground appointment should be on the prescribed proforma (enclosed).
(3.) Pancham Ram, the appellant No. 2 (father of the appellant No. 1), before completing the age of 55 years on 27.2.2003 submitted an application intimating that he was unable to work on account of ill health accompanied by a medical certificate. Thereafter he submitted another application dated 27.3.2003 that his application for retirement on medical ground may be considered. Said request of appellant No. 2 was accepted by the Competent Authority vide office order dated 30.4.2003 and he was retired w.e.f. the afternoon of 30.4.2003. Thereafter i.e. after taking retirement on medical ground the appellant No. 2 vide letter dated 8.5.2003 requested for giving compassionate appointment to his son Prabhu Narain Patel (appellant No. 1). Accordingly the necessary formalities were fulfilled by his son the appellant No. 1 seeking appointment on compassionate basis.;