Md. Moinul Haque vs The Food Corporation Of India on 28 January, 2014
7. The respondents place reliance on the decision of the Delhi High
Court in the WP(C) 7284/2008 (Rajpal Kumar vs. Food Corporation of India)
where the Court was considering claims for compassionate appointment for
the kin of labourers who secured voluntary retirement on medical ground, to
seek benefit of the FCI's circular dated 3.7.1996. In this case, the Court
considered the other circulars where 5% quota was stipulated for
compassionate category and after considering the law on the point, the Delhi
Court held that when there is no vacancy available within 5% earmarked
quota, appointment can't be claimed as of right on compassionate basis.