IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2935 of 2010 1. ASHOK MALLICK S/O LATE BULLO MALLICK R/O MOHALLA- DEHARIA, P.S. AND DISTT.- KATIHAR Versus 1. FOOD CORPORATION OF INDIA THROUGH GENERAL MANAGER (REGION) ARUNACHAL BUILDING, EXIBITION ROAD, PATNA 2. THE ZONAL MANGER (E) FOOD CORPORATION OF INDIA, KOLKATA-71 3. THE GENERAL MANAGER (REGION) FOOD CORPORATION OF INDIA, REGIONAL OFFICE, PATNA 4. THE DISTRICT MANAGER FOOD CORPORATION OF INDIA, DISTRICT OFFICE- PURNEA 5. THE MANAGER (DEPLT) F.C.I. FOOD STORAGE DEPOT, KATIHAR ----------- 04. 26.03.2010. Heard learned counsel for the petitioner and the Food Corporation of India (hereinafter referred to as “F.C.I.”). 2. Petitioner is the son of late Bullo Mallick whose wife Kushmi Devi was the employee of the Corporation at Food Storage Depot, Katihar. Kushmi Devi died on 09.12.2005, as is evident from Death Certificate dated 13.12.2005, Annexure-1. After the death of his mother petitioner applied for compassionate appointment vide application, Annexure-2 enclosing the death certificate, affidavit and other required documents, as is evident from Annexure-2 but from perusal of Annexure-2 it does not appear the actual date on which the application was served on the District Manager, F.C.I., to whom the application was addressed. From the writ petition it, however, appears that the application was filed in the year 2006. When the request made in Annexure-2 was not considered by the authorities of the F.C.I. petitioner filed representation before the General Manager (Region), Regional Office, Patna which is dated 24.1.2007 and is contained in Annexure-3 to this application. Again petitioner filed another representation dated 18.3.2009 which is addressed to the Assistant Manager, F.C.I and is contained in Annexure-4 to this application. - 2 - When the request made in Annexure-2 as also the representation contained in Annexures 3 and 4 was not considered, he approached Central Administrative Tribunal, Patna Bench by filing O.A.No. 670 of 2009 which was permitted to be withdrawn under orders dated 07.01.2010, Annexure-5 with liberty to the petitioner to approach the appropriate forum. 3. This writ application has been filed on 18.2.2010 praying inter alia to direct the authorities of the F.C.I. to consider the case of the petitioner for appointment on compassionate ground in the light of the request made in Annexure-2 as also the representations contained in Annexures 3 and 4. 4. Counsel for the F.C.I. has filed counter affidavit on behalf of Respondent Nos. 1 to 5 duly affirmed by the Assistant General Manager, F.C.I. in which it has been stated that request of the petitioner for grant of compassionate appointment was not made in the proper format, as such, could not be considered in the light of the request contained in Annexure-2 and the representations contained in Annexures 3 and 4. 5. From the counter affidavit it does not appear that request contained in Annexure-2 and the representations contained in Annexures 3 and 4 were not received in the office of the F.C.I. Learned counsel for the F.C.I., however, submitted that from perusal of the request contained in Annexure-2 and representations, Annexures-3 and 4 it does not appear that the same was filed in the office of the F.C.I. In the counter affidavit the Assistant General Manager has not refuted the statement of the petitioner that request contained in Annexure-2 for appointment on compassionate ground was filed in the office of the - 3 - F.C.I. although there is a clear statement in paragraph-7 of the writ petition that the same was filed in the office of the District Manager, F.C.I. in the year 2006. 6. As the authorities have not disputed the statement made in paragraph-7 of the writ petition by stating that they did not receive the request contained in Annexure-2, I am to proceed on the basis that Annexure-2 was received by them and if that was not in proper format it was expected of the District Manager to whom the same is addressed to have asked the petitioner to file his request in proper format. Accordingly, I direct the competent authority of the F.C.I. to consider the request of the petitioner for appointment on compassionate ground in the light of the request made in Annexure-2 as also the documents appended therewith including the identity proof, affidavit, death certificate etc. Let the petitioner file the request for compassionate appointment in the proper format appended as Annexure-1 to the counter affidavit before the District Manager, F.C.I. who is directed to consider the same as per the date of death of the mother of the petitioner on 9.12.2005, as early as possible, in any case within a period of three months from the date of receipt of the request along with a copy of the order. 7. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)