Supreme Court Overturns Compassionate Appointment Order, Remands Case for Expedited Final Disposal in Six Months.

The SC set aside the Single Judge's order granting compassionate appointment to the respondent, finding it unsustainable as it bypassed the legal merits and ignored the 1998 Government Order. The SC criticized the practice of granting interim orders that effectively provide final relief without proper adjudication. The case was remanded to the HC with directions for expedited final disposal within six months, emphasizing the need for a balanced consideration of convenience and public interest. The appeal was allowed with no costs.

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Issues involved: Challenge to legality of judgment dismissing Special Appeal, interpretation of recruitment rules, compassionate appointment u/r Dying-in-Harness Rules, validity of interim order ignoring Government Order.

Interpretation of Recruitment Rules: Appellant's husband appointed as part-time tubewell operator while 1974 Rules were in operation, later 1996 Rules notified with cut-off date of 1.10.1986. Government order clarified benefit exclusion for dependents of part-time employees under 1974 Rules. Respondent sought appointment under 1974 Rules after husband's death, denied based on ineligibility. Single Judge directed consideration for compassionate appointment ignoring 1998 Government Order.

Validity of Interim Order: High Court directed Class IV appointment for respondent on humanitarian grounds, bypassing legal merits. Appellants argued unsustainability of order ignoring Government Order. Respondent's counsel defended actions as humanitarian, opposing interference with interim order upheld by Division Bench.

Judicial Analysis: Supreme Court found Single Judge and Division Bench's approach unsustainable, granting final relief as interim measure without justification. Criticized practice of granting interim orders giving principal relief based on prima facie case, neglecting balance of convenience and public interest. Cited precedents deprecating such practices. Set aside Single Judge's order, emphasizing need for proper adjudication without expressing opinion on case merits. Directed High Court to expedite final disposal within six months. Appeal allowed with no costs.

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