Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 598

IN THE HIGH COURT OF ALLAHABAD
J.J. MUNIR, J.
Anjesh - Petitioner
Versus
Food Corporation of India and Others - Respondents
Writ - A No. 8963 of 2023
Decided On : 15-02-2024

Advocates Appeared:
For the Petitioner: Pankaj Kumar Asthana.
For the Respondent: Hari Narayan Singh, Santosh Kumar Mishra.

IMPORTANT POINT
The right to seek compassionate appointment is not affected by the fact that the deceased employee belonged to a dying cadre. The purpose of compassionate appointment is to provide immediate relief to the dependent family members of a deceased employee, and the fact that the deceased belonged to a dying cadre is irrelevant to the right to seek compassionate appointment.

Headnote:
Compassionate Appointment - Food Corporation of India - Scheme for Compassionate Appointment - [F No. 14014/02/2012--Estt. (D) dated 16th January, 2013] - The court considered the petitioner's case for compassionate appointment against the Scheme that was in force when his father died in harness, rejecting the respondents' contention that the petitioner's case cannot be considered due to the Departmental Labour System being declared a dying cadre. The court clarified that the purpose of compassionate appointment is to provide immediate relief to the dependent family members of a deceased employee, and the fact that the deceased belonged to a dying cadre is irrelevant to the right to seek compassionate appointment. The court directed the respondents to consider the petitioner's case for compassionate appointment in accordance with the law and the guidance provided in the judgment.
Fact of the Case:
The petitioner, Anjesh, sought compassionate appointment after the sudden demise of his father, an employee of the Food Corporation of India. The petitioner's case was found fit for consideration by the Compassionate Appointment Committee, but he was not offered an appointment due to the Departmental Labour System being declared a dying cadre. The petitioner filed a writ petition seeking a mandamus to command the respondents to appoint him on compassionate grounds.
Finding of the Court:
The court rejected the respondents' contention that the petitioner's case cannot be considered due to the Departmental Labour System being declared a dying cadre. The court clarified that the purpose of compassionate appointment is to provide immediate relief to the dependent family members of a deceased employee, and the fact that the deceased belonged to a dying cadre is irrelevant to the right to seek compassionate appointment. The court directed the respondents to consider the petitioner's case for compassionate appointment in accordance with the law and the guidance provided in the judgment.
Issues: The main issue was whether the petitioner's case for compassionate appointment could be considered against the Scheme that was in force when his father died in harness, despite the Departmental Labour System being declared a dying cadre.
Ratio Decidendi: The court held that the right to seek compassionate appointment is not affected by the fact that the deceased employee belonged to a dying cadre. The court clarified that the purpose of compassionate appointment is to provide immediate relief to the dependent family members of a deceased employee, and the fact that the deceased belonged to a dying cadre is irrelevant to the right to seek compassionate appointment. The court directed the respondents to consider the petitioner's case for compassionate appointment in accordance with the law and the guidance provided in the judgment.
Final Decision: The petition succeeded, and a mandamus was issued to the respondents to consider the petitioner's case for compassionate appointment within a period of six weeks from the date of receipt of the judgment, in accordance with the law and the guidance provided in the judgment. No order as to costs was made.

JUDGMENT :

1. The petitioner, Anjesh is a son of the late Radhey Giri, an employee of the Food Corporation of India. Radhey Giri died in harness on 21.01.2009, leaving behind him his widow, his son and two daughters. Upon demise of Radhey Giri, the petitioner's mother Smt. Sona Devi, moved an application before the District Manager, Food Corporation of India, Allahabad, seeking compassionate appointment for her son on account of the sudden demise of her husband. The petitioner himself made an application, seeking compassionate appointment, to the General Manager, Food Corporation of India, Lucknow on 15.06.2009. The petitioner says that he is a graduate and has earned his degree of Bachelor of Science in the year 2014. The petitioner submitted his claim in the prescribed format in the month of September, 2009 before the Food Corporation of India, District Office Agra, a copy of which is annexed as Annexure No.5 to the writ petition. The Regional Manager, Food Corporation of India, Lucknow, who is respondent No.3 to this writ petition, by a letter dated 17th December 2009 directed the petitioner to get his health certificate from the Chief Medical Officer, Allahabad. The medical examination was done on 23.12.2009 and a certificate of that date issued.

2. The Committee, competent to assess the petitioner's claim for compassionate appointment, examined his case and submitted a report dated 13.01.2010, opining that the family are living in hardship and a compassionate appointment is very necessary. It appears that taking into account the petitioner's claim, the recommendations of the Committee, besides similar claims by others, a roster was drawn up by the District Manager, Food Corporation of India, District Allahabad, placing the petitioner's name at serial No.15, showing the date of his application as 25.02.2010. The roster serial number indicated was 14. The roster aforesaid was forwarded by the District Manager to the Assistant General Manager (Industrial Relation), Food Corporation of India, Lucknow for necessary action on 18.06.2013. A reminder dated 24.02.2014 was sent by the District Manager, Food Corporation of India, Allahabad to the Assistant General Manager (Industrial Relation), Food Corporation of India, Lucknow.

3. It is the petitioner's case that vide letter dated 20.10.2014, the District Manager, FCI, Allahabad intimated the Assistant General Manager (Industrial Relation-Labour), Food Corporation of India, Lucknow about the roster position of claims pending before him for compassionate appointment. It is averred that in the office of the District Manager, Food Corporation of India, Allahabad, no compassionate appointment was given to any candidate. An information was secured by one Satyapal Singh from the Manager (IR-L), acting on behalf of the Assistant General Manager (IR-L), Food Corporation of India, Regional Office, Lucknow, that there were two posts available to be filled up on compassionate ground with the Food Storage Depot, Naini, Allahabad. At the same time, vide a letter dated 21.12.2016, the Manager (IR-L) in the office of the Assistant General Manager (IR-L) informed the petitioner that for the present, there are no posts available to be filled up on compassionate basis in the Corporation's depot at Naini, Allahabad.

4. The petitioner has specifically pleaded in Paragraph No.21 of the writ petition that on account of his father's sudden death in harness, the family is in distress and sent a representation dated 27.12.2016 to the Chairman, Food Corporation of India, New Delhi, as well as a representation dated 08.03.2017 to the Regional Manager, Food Corporation of India, Lucknow, requesting that the petitioner's case for compassionate appointment be considered. The petitioner then received a memo dated 11.01.2017 from the Assistant General Manager (IR-L), Food Corporation of India, Lucknow, informing him that for every depot at the depot level, a roster had been prepared for compassionate appointment. Ou