Vineet Saran, J. - (1.) The petitioners are aggrieved by the order dated 14.6.2002 passed by Senior Regional Manager, Food Corporation of India, Lucknow, Respondent No. 2, whereby the application of Petitioner No. 2 Jai Ram for appointment of his son Shobh Nath, Petitioner No. 1, has been rejected. The petitioners have thus prayed for quashing of the aforesaid order dated 14.6.2002 and also for a direction to the Senior Regional Manager, Food Corporation of India, Lucknow, Respondent No. 2, to appoint the Petitioner No. 1 on the post of Handling Labour (Loader) in accordance with the terms of the Circular dated 3.7.1996 issued by the Food Corporation of India.
(2.) Having heard Sri R.C. Gupta, learned Counsel for the petitioners as well as Sri M.P. Singh, learned Counsel appearing for the respondent and on careful perusal of the record and considering the facts and circumstances of this case, in my view, this writ petition deserves to be allowed.
(3.) The brief facts relevant for the decision of this case are that Petitioner No. 2 Jai Ram was working as Handling Labour (Loader) with Food Corporation of India. On 17.3.1998, before attaining the age of 55 years, he filed an application for appointment of his son Shobh Nath, Petitioner No. 1, in his place on the basis of the Circular dated 3.7.1996 issued by the Respondent-Corporation. The right leg of the Petitioner No. 2 had been fractured and was shortened by 4 cm. and thus he was unable to carry on the work of loading and unloading. The Circular dated 3.7.1996 provides for benefit of appointment on compassionate grounds, only to the employees in handling and labour category, to a family member of the worker who seeks voluntary retirement on medical ground before attaining the age of 55 years. Accordingly, on 17.3.1998 the Petitioner No. 2 filed an application for appointment of his son in his place, a copy of which has been filed as Annexure-CA-2 to the counter affidavit filed by the Respondent-Corporation. Along with the said application a medical certificate dated 1.2.1998 issued by the Superintendent of Upgraded Govt. Hospital, Shivpur, Varanasi was also enclosed. Undisputedly on the basis of the said medical certificate the petitioner was allowed to voluntarily retire on medical grounds before attaining the age of 55 years. On 27.3.1998 the Assistant Manager of the Food Corporation of India had forwarded the application of the Petitioner No. 2 to the District Manager for consideration. On 22.1.2000 the District Manager forwarded the details wherein it had been stated that the medical fitness certificate of the petitioner was enclosed and the Petitioner No. 1, who is the son of Petitioner No. 2, was found fit in the performance test report of the Committee for appointment on the post of handling labour. It was stated therein that an affidavit of no objection from all major family members of Petitioner No. 2 had also been procured. It was admitted that the date of receipt of the application was 17.3.1998. While stating that there was no demerit reported for appointment being given to the Petitioner No. 1, the District Manager forwarded the application of the petitioner with the comment that vacancy on the said post existed against the post of Petitioner No. 2, Jai Ram.;