2004 (10) TMI 628

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....ed 24.6.2002 in Writ Petition No.3334/2002 (SS).        Background facts as projected by the appellants in a nutshell are as follows:        Respondent's husband was appointed as a part-time tubewell operator on 14.6.1989. While Uttar Pradesh Recruitment of Dependents of Government Servant Dying-in-Harness Rules, 1974 (in short the '1974 Rules') were in operation, in compliance with the judgment passed by this Court in some cases on 16.12.1996 Uttar Pradesh Sinchai Vibhag Mein Nalkoop Chalakon Ke Pado Par Anshalik Nalkoop Chalakon Ke Viniyamitikaran Niyamawali, 1996 (hereinafter referred to as the '1996 Rules') was notified and same was made applicable with ef....

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.... should be given a Class IV appointment within the stipulated time. It was observed that on the facts of the case without going into the legal merits on a humanitarian consideration, compassionate appointment should be made.         In support of the appeal, learned counsel for the appellants submitted that the direction given by the learned Single Judge that the appointment should be made during the pendency of the writ application ignoring the Government Order dated 26.10.1998 is clearly unsustainable. Division Bench of the High Court did not consider legality of the order and without going into the merits straightaway disposed of the appeal on purportedly humanitarian ground. It was submitted th....

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....ed about the balance of convenience, the public interest and a host of other considerations. [See Assistant Collector of Central Excise, West Bengal v. Dunlop India Ltd. (1985 (1) SCC 260 at p. 265), State of Rajasthan v. M/s Swaika Properties (1985 (3) SCC 217 at p.224), State of U.P. and Ors. v. Visheshwar (1995 Supp (3) SCC 590), Bharatbhushan Sonaji Kshirsagar (Dr.) v. Abdul Khalik Mohd. Musa and Ors. (1995 Supp (2) SCC 593), Shiv Shankar and Ors. v. Board of Directors, U.P.S.R.T.C. and Anr. (1995 Supp (2) SCC 726) and Commissioner/Secretary to Govt. Health and Medical Education Department Civil Sectt., Jammu v. Dr. Ashok Kumar Kohli (1995 Supp (4) SCC 214).] No basis has been indicated as to why learned Single Judge thought the course ....