- (1.) WITH the consent of the parties, we have heard the appeal on merits.
(2.) THE respondents-appellants aggrieved by a portion of the order dated 22.4.2009 passed by the learned Single Judge in Civil Misc. Writ Petition No. 28581 of 1997 (Suresh Chandra Sharma and another v. Chairman and Managing Director, Allahabad Bank and others) have preferred this appeal Under Chapter VIII Rule 5 of the High Court Rules. Short facts, giving rise to the present appeal are that the petitioner-respondent No. 1-Suresh Chandra Sharma is an employee of the Allahabad Bank. He filed an application dated 11.1.1996 seeking voluntary retirement. His prayer for voluntary retirement was accepted by order dated 30.6.1996. On the same day, when he filed an application seeking voluntary retirement, another application was filed seeking appointment of his son Ajai Kumar Sharma on compassionate ground. The scheme of the Allahabad Bank provides that, inter-alia, the dependent of an employee, who retired on medical ground before attaining the age of 55 years, will be considered for appointment on request in writing. The grievance of the writ petitioners-respondents is that the application seeking compassionate appointment was filed on 11.1.1996 but till date no decision has been taken and petitioner-respondent No. 2 has not been granted appointment. The learned Single Judge by the impugned order directed for disposal of the representation but while doing so put a rider that while deciding the representation, the claim of the petitioner-respondent No. 2 for compassionate appointment shall not be rejected on the ground that the petitioner-respondent No. 1 had crossed the age of 55 years. It is the said portion of the order, which has been impugned in the present appeal.
(3.) MR . Himanshu Tiwari appearing on behalf of the respondents-appellants submits that on the date when petitioner-respondent No. 1 filed application for appointment of petitioner-respondent No. 2, petitioner-respondent No. 1 had not retired from service. Further the petitioner-respondent No. 1 retired from service on 30.6.1996 and admittedly on the said date he had crossed the age of 55 years and in that view of the matter, the learned Single Judge has erred in directing that while deciding the representation, the fact that petitioner-respondent No. 1 has crossed the age of 55 years, shall not be taken into account.;