IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 5254 OF 2004 Between: Food Corporation of India, rep. by M.Venkataramana ......Petitioner AND Smt R.Kamala ......Respondent Counsel for the petitioner: Counsel for the Respondent: The Court made the following:- THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 5254 OF 2004 ORDER: This writ petition is filed by the Food Corporation of India (for short ‘the F.C.I.’) assailing the proceedings dated 28.02.2004 of the Lok Adalat, City Civil Court, Hyderabad in P.L.C.No.14 of 2004, whereby it was directed to appoint the son of the petitioner therein to any post in Category-IV within a period of two weeks, by creating a vacancy, if necessary. The facts germane to this adjudication are as follows: The husband of the respondent herein/petitioner before the Lok Adalat, expired on 29.07.1998 while working as an Assistant Grade-I in the F.C.I. His son, R.Suresh Kumar, applied for compassionate appointment on 03.11.1999 and the same was considered by the Senior Regional Manager of the F.C.I. at Hyderabad and recommended to the Zonal Manager of the F.C.I. at Chennai. The applicant was also informed that the instructions relating to compassionate appointment were under review and as soon as a decision was taken, action would be initiated in his case. While so, R.Suresh Kumar filed W.P.No.20548 of 2001 before this Court seeking employment on compassionate grounds. The said case was disposed of by order dated 02.04.2002 directing the F.C.I. to include his name in the list of dependants of deceased employees awaiting consideration for appointment on compassionate grounds in the 5% quota of the vacancies which were earmarked for that category. While matters stood thus, the respondent herein, being the mother of R.Suresh Kumar, approached the Lok Adalat by way of P.L.C.No.14 of 2004 complaining that after the demise of her husband neither she nor her son was given a job by the F.C.I. and praying for a direction in this regard. After hearing the F.C.I., the Lok Adalat passed the award dated 28.02.2004 which is under challenge in the present writ petition. A reading of the said award reflects that the Lok Adalat was aware of the directions passed by this Court in W.P.No.20548 of 2001. The Lok Adalat also took note of the stand of the F.C.I. that the application of the son of the petitioner therein could not be considered as there was no vacancy available and that his case would be considered as and when such a vacancy arose. In spite of the above facts being brought to its knowledge, the Lok Adalat directed the F.C.I. to appoint R.Suresh Kumar, son of the petitioner therein, to any post under Category- IV within a period of two weeks either by filling up an available vacancy or by creating a vacancy. Aggrieved thereby, the F.C.I. filed the present writ petition. In the light of the order passed by this Court in the earlier writ petition, whereby the name of the dependant, R.Suresh Kumar, was to be included in the waiting list of dependants awaiting employment under the 5% quota provided by the F.C.I., the Lok Adalat ought not to have interfered in the matter and modified the said order. Further, it is seriously disputed before this Court that the F.C.I. consented to such an order. The said contention finds support from the recital in the award that the F.C.I. had projected the stand that there was no vacancy available for immediate consideration of the case of R.Suresh Kumar and that such consideration would ensue as and when a vacancy arose. It was therefore not within the jurisdiction of the Lok Adalat to enter into the dispute and issue positive directions of the nature that it has passed. The award under challenge is therefore unsustainable and in excess of jurisdiction. While so, it is brought to my notice by Sri B.Anjaneyulu, learned counsel appearing for the F.C.I., that in accordance with the directions of this Court in the earlier round of litigation, the name of the respondent’s son has been included in the waiting list and would be coming up for consideration in the next meeting to be convened by the F.C.I. for this purpose in the month of January, 2010. In that view of the matter, the case of the respondent’s son would be considered on its own merits by the F.C.I. in the said meeting and there is no necessity for any further direction from this Court. The Writ Petition is accordingly allowed setting aside the award dated 28.02.2004 passed by the Lok Adalat, Hyderabad in P.L.C.No.14 of 2004. In the circumstances of the case, there shall be no order as to costs. _______________________ JUSTICE SANJAY KUMAR 4th December, 2009 Ivd