# Mohd. Atique Ansari v. State of U.P. and others

- **Citation:** (2004) 1 ILRA 107
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2003-09-16
- **Case number:** Civil Misc. Writ Petition No. 46904 of 2000
- **Bench:** Rakesh Tiwari
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/mohd-atique-ansari-v-state-of-u-p-and-others-40234
- **Pages:** 4

## Headnote

Constitution
of
India-
Article
226Appointment-on compassionate groundcannot be claimed as a matter of rightpurely at discretion of the authoritiesbenefit of compassionate appointment
extended
to
those-who
taken
compulsory retirement prior to age of 55
years-petitioner taken retirement prior
one
month
from
the
age
of
supernuation-such appointment cannot
be made.

Held- Para 4 and 7

The representation of the petitioner for
giving
appointment
to
his
son
on
compassionate ground was rejected by
the impugned order dated 1.6.2000 on
the ground that his father has retired on
medical ground on attaining the age of
56 years and 1 months and his son was
not eligible for grant of compassionate
appointment.
The
grant
of
compassionate
appointment
can
be
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 INDIAN LAW REPORTS ALLAHABAD SERIES [2004
108
considered only if the employee applied
for retirement before completion of 55
years of age.

The
appointment
on
compassionate
ground cannot be claimed as a matter of
right. It is purely at discretion of the
competent authority taking into account
the circumstances and conditions of the
family
of
the
retired
person.
The
rejection of the claim of the petitioner
does not suffer from any illegality or
infirmity.

## Text

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1 All] Mohd. Atique Ansari V. State of U.P. and others
107
otherwise the rule of law will collapse in
the country. If there are rules they must be
obeyed, otherwise the rule should be
scrapped. We have held in R.K. Mittal vs.
State of U.P. (Supra) that there is a
widespread malady which has infected
our society, namely, that the people who
are having money and power think that
they are above the law. This notion is
totally destructive of the Rule of the Law
and can no longer be tolerated by this
Court. Everyone is under the Law.
5. In the present petition it has been
stated in paragraphs 5 and 6 that in the
residential area a shopping complex is
being constructed and other commercial
activities are proposed. In our opinion this
is clearly illegal. We, therefore, direct that
no commercial or industrial activity will
be allowed to be carried on in the area
earmarked for residential purpose in the
Master Plan of Agra or of in any other
city in U.P. If commercial and industrial
activities are being carried on in any city
in U.P. in the areas earmarked for
residential purposes in the Master Plan of
that city such activity must immediately
be stopped by the authorities.

6. Although this petition was only
regarding Agra city we have decided to
extend its scope suo motu to other cities
in U.P. because we are informed that
similar illegalities are being committed
there too.

7. Let a copy of this order be sent by
the Registrar General of this Court to the
Chief Secretary, U.P. forthwith who will
ensure compliance of this order. Learned
Standing Counsel shall also send a copy
of this order to the Chief Secretary, U.P.

8. Let a copy of this order be given
to the learned Standing Counsel today
free of charges.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 16.9.2003

BEFORE
THE HON'BLE RAKESH TIWARI, J.

Civil Misc. Writ Petition No. 46904 of 2000

Vijay Kumar

...Petitioner
Versus
Zonal Manager (N) Food Corporation of
India and others

 ...Respondents

Counsel for the Petitioner:
Sri A.B. Singh

Counsel for the Respondents:
Sri N.P. Singh

Constitution
of
India-
Article
226Appointment-on compassionate groundcannot be claimed as a matter of rightpurely at discretion of the authoritiesbenefit of compassionate appointment
extended
to
those-who
taken
compulsory retirement prior to age of 55
years-petitioner taken retirement prior
one
month
from
the
age
of
supernuation-such appointment cannot
be made.

Held- Para 4 and 7

The representation of the petitioner for
giving
appointment
to
his
son
on
compassionate ground was rejected by
the impugned order dated 1.6.2000 on
the ground that his father has retired on
medical ground on attaining the age of
56 years and 1 months and his son was
not eligible for grant of compassionate
appointment.
The
grant
of
compassionate
appointment
can
be
http:\\allahabadhighcourt.nic.in
 INDIAN LAW REPORTS ALLAHABAD SERIES [2004
108
considered only if the employee applied
for retirement before completion of 55
years of age.

The
appointment
on
compassionate
ground cannot be claimed as a matter of
right. It is purely at discretion of the
competent authority taking into account
the circumstances and conditions of the
family
of
the
retired
person.
The
rejection of the claim of the petitioner
does not suffer from any illegality or
infirmity.

(Delivered by Hon'ble Rakesh Tiwari, J.)

Heard counsel for the parties and
perused the record.

1. This petition has been filed
challenging the validity and correctness of
the impugned order dated 1.6.2000 passed
by Senior Regional Manager, Food
Corporation of India Limited, Regional
Office, Lucknow, the respondent no. 2.

2. The facts of the case are that the
father of the petitioner Darab Singh was
in employment of Respondent as Dusting
Operator. He moved an application dated
24.11.1997 for medical check up, as he
was not able to work. The application was
forwarded by respondent no. 4 to the
Chief Medical Superintendent, District
hospital Agra after complete medical
checkup he was declared medically unfit
for
service
on
29.11.1997.
A
representation was thereafter made by
Darab Singh for giving him premature
retirement on health/medical grounds.
The application was forwarded by District
Manager, Food Corporation of India
Limited, Agra, respondent no. 3 on
2.12.1997 for giving premature retirement
to
Darab
Singh
w.e.f.
29.11.1997.
Another representation was also moved
on
12.6.1998
before
the
Regional
Manager with request to retire the
applicant
Darab
Singh
on
medical
grounds and further to consider the
appointment of his son the petitioner, on
compassionate grounds. The order dated
18.8.1998 was passed by respondent no.
3, retiring the father of the petitioner on
medical ground under regulation 22 (3 &
4) of Regulation, 1971.

3. In so far as the claim of the
petitioner on compassionate ground was
concerned, it was forwarded by the
Assistant Manager along with documents
to the District Manager, Food Corporation
of India, Agra on 1.9.1998. Reminder
dated 5.11.1998 and 1.5.2000 were
submitted and a representation was also
made before respondent no. 1 on 3.2.2000
by the father of the petitioner.

4. The representation of the
petitioner for giving appointment to his
son
on
compassionate
ground
was
rejected by the impugned order dated
1.6.2000 on the ground that his father has
retired on medical ground on attaining the
age of 56 years and 1 months and his son
was
not
eligible
for
grant
of
compassionate appointment. The grant of
compassionate
appointment
can
be
considered only if the employee applied
for retirement before completion of 55
years of age. The letter dated 1.6.2000 is
as under: -

'To

The Sr. Regional Manager Food
Corporation of India, regional Office,
UP, Lucknow.

Subject: Appointment on compassionate
grounds in r/o Sri Vijay Kumar S/o Shri
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1 All] Smt. Mithlesh Jain V. State of U.P. and others
109
Darab
Singh,
Ex-D/o
retired
on
29.11.1997 on medical grounds.

Sir,
Please refer to your office letter no.
Estt./1 (12)/501/98 /Agras/ 225 dated
1.5.2000 on the subject cited above. In
this regard it is to inform you that the
official retired on medical grounds at the
age of 56 years and 11 months and hence
his son Sri Vijay Kumar is not eligible for
compassionate appointment in the FCI.
The compassionate appointment in case
of voluntary retirement on medical
grounds is allowed only if the employee
sought retirement before completion of 55
years of age.

The
official
may
be
informed
accordingly.

Yours Faithfully,

Sd/ S.K. Binda
Assistant Manager (Eix)
For Deputy Manager (E.I.)

5. It is contended by the counsel for
the petitioner that one Sri Rampreet had
retired on medical ground and his son Sri
Bechan Yadav was given appointment as
handling labour by the respondent on
compassionate ground. The offer of
appointment dated 10.1.2000 to Benchan
Yadav has been filed an annexure 9 to the
writ petition.

6. The Standing Counsel submits in
rebuttal that the petitioner's father sought
retirement after attaining the age of 56
years and 11 months at the time when he
was at the verge of the retirement. He
further submitted that the retirement of an
employee who was retired on medical
ground is discretionary matter and is
subject to availability of vacancies of
posts as envisaged in Food Corporation of
India, Staff Regulation 1971 framed under
the Food Corporation Act 1964. It is
stated that Benchan Yadav is handling
labour in the department and such cases
are dealt with separately on model
standing instructions as per National
Industrial Tribunal (NITA) and not by the
said staff regulations, 1971.

7.

The
appointment
on
compassionate ground cannot be claimed
as a matter of right. It is purely at
discretion of the competent authority
taking into account the circumstances and
conditions of the family of the retired
person. The rejection of the claim of the
petitioner does not suffer from any
illegality
or
infirmity.
The
recommendation of the authorities have
no sanctity of law and the competent
authority
is
not
bound
by
any
recommendation.
The
claim
of
the
petitioner
for
appointment
on
compassionate ground is devoid of merits
and is not based on any legal rights. There
is no breach of statutory provisions in this
regard has been pointed out by the
counsel for the petitioner.

8. The petitioner had sought
appointment for his son one month prior
to his retirement. He had played his
innings and the discretion of the authority
cannot be converted into a legal right for
appointment of his son for another full
innings.
The
authorities
had
their
discretion in the matter which they have
used judiciously while rejecting the claim
of the petitioner for appointment of his
son.
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 INDIAN LAW REPORTS ALLAHABAD SERIES [2004
110
9. For the aforesaid reasons, the writ
petition is fails and is dismissed. No order
as to costs.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 8.8.2003

BEFORE
THE HON'BLE M. KATJU, J.
THE HON'BLE R.S. TRIPATHI, J.

Civil Misc. Writ Petition No. 42980 of 2000

Sachchidanand Sahkari Awas Samiti Ltd.

 ...Petitioner
Versus
Greater Noida Industrial Development
Authority and others
 ...Respondents

Counsel for the Petitioner:
Sri Rajendra Dobhal
Sri Shesh Kumar
Sri Tarun Agarwal
Sri A.K. Gupta
Sri I.N. Singh
Sri K.M. Misra

Counsel for the Respondents:
Sri Shashi Nandan
S.C.

Constitution
of
India-Article
226Memorandum of agreement between
Private Society and the Development
authority of grater Noida-whether can be
enforced in writ jurisdiction. Held- Yes

Held- Para 19

In our opinion this writ petition deserves
to be allowed. The respondents cannot
be
allowed
to
resile
from
the
Memorandum
of
Understanding
executed on 22.3.1994, Annexure-2 to
the petition. This Memorandum itself
states that it is an agreement between
Greater Noida and the petitioner society.
In our opinion the Memorandum of
Understanding amounts to a contract
between the parties as there is offer,
acceptance
and
consideration.
As
regards a contract between two private
parties
no
doubt
writ
is
not
the