REKHA SHARMA, J.

The petitioners before me are the sons of ex-employees of the Food Corporation of India (hereinafter called the „FCI?). Their fathers, namely, Birbal Mehto, Lakshmi Dass and Gopal were working as H/Lab in the CTO (Naraina). They sought voluntary retirement inspired by a voluntary scheme of the FCI contained in a circular dated July 03, 1996 which, the petitioners contend, gave their fathers the option to take voluntary retirement on medical grounds and also held out a promise to them that consequent to their such retirement, their dependants will be given compassionate appointments in their place. In their letters/applications seeking retirement which were dated January 28, 2002, January 21, 2002 and April 22, 2002, they expressed their inability to work on account of their medical unfitness and accordingly, they requested that they be sent for medical check-up and also requested that their sons be provided jobs in their place. The FCI acceded to their request but only partially. They were allowed to take voluntary retirement on medical grounds and consequently were relieved from their posts on July 03, 2003, March 12, 2003 and June 05, 2003 respectively. However, their further request to provide employment to their sons in their place has not been acceded to. It is this denial of appointments which has led to the filing of the present writ-petition.

The FCI does not dispute that a scheme allowing departmental workers to seek retirement on medical grounds is in existence. It also does not dispute that the scheme provides for compassionate employment to their male dependants. What it disputes is the claim of the petitioners that the scheme casts an obligation on the FCI to give employment to the male dependants of the workers who have opted for voluntary retirement. It is stated that the benefit of compassionate employment becomes available to a person on the fulfillment of certain conditions and most importantly on the availability of a vacancy. It is further stated that after the fathers of the petitioners sent their letters seeking voluntary retirement and before the same were accepted, another circular bearing No.5/2003 dated March 04, 2003 had come into existence which laid down that only 5% of the vacancies at the entry level shall be filled by direct recruitment on compassionate ground. In view of these two circulars, it is the case of the FCI that consequent to the retirements of the fathers of the petitioners, no vacancy within 5% quota set apart for appointment on compassionate basis was available.

It needs to be noticed at this stage that the circular which the petitioners have annexed with the writ-petition is not the circular dated July 03, 1996 referred to hereinabove but the circular dated December 17, 1997. However, during the course of arguments, it was conceded by the learned counsel for the petitioners that the basic circular which provides for compassionate appointment is the circular dated July 03, 1996 and that the circular dated December 17, 1997 is only an extension of the circular dated July 03, 1996. The latter circular dated December 17, 1997 was issued as a one-time exception to extend the benefit of the scheme dated July 03, 1996 to even those employees who had crossed the age limit of 55 years, provided their applications had been received up to October 01, 1997 as against the maximum age limit of 55 years fixed by the circular of July 03, 1996. All other conditions for availing the benefit of the scheme remained the same as provided in the circular dated July 03, 1996.

Having given the background, it is time now to reproduce some of the salient features of the circular dated July 03, 1996:-

“FOOD CORPORATION OF INDIA

HEADQUARTERS : : NEW DELHI.

No.IR(L)/31(27)/87 Dated: 3rd July, 1996

CIRCULAR

Subject: Recruitment procedure for appointment of next kin of Departmental workers who seek retirement on Medical grounds at their own request in relaxation of the procedure of getti