ORDER :

Altamas Kabir, Cyriac Joseph, JJ.

Leave granted.

2. The appellant has questioned the judgment and final order dated 21st July, 2006 passed by the Allahabad High Court in Special Appeal No. 167 of 2005, which was directed against the order of the learned Single Judge in Civil Misc. Writ Petition No. 25150 of 2004, filed by the respondent herein.

3. The respondent, Raja Ram, is the son of one Nanku Ram, who was working as Handling labourer in the depot of the Food Corporation of India, Agra Cantonment. On 16th June, 1999, he applied to the Senior Regional Manager, Food Corporation of India, Regional office, Lucknow, for permission to retire on medical grounds and also asking that his son, the respondent herein, be allowed to work in his place, as there was no other person, other than him, to look after the family in the light of the assurance given by him that he would take care of the applicant worker after his retirement. The said application was supported by an affidavit, wherein in paragraph 3, the said Nanku Ram indicated as follows:

"...(3) That the elder son of the deponent namely Raja Ram, son of Nanku Ram is married and he lives separately from my family and me and he has