JUDGMENT

Arijit Pasayat, J.-Challenge in this appeal is to the legality of judgment rendered by a Division Bench of the Himachal Pradesh High Court directing that Nanak Chand (respondent herein) be given compassionate appointment by the Union of India through the Secretary, Power, Government of India, either by directing National Hydroelectric Power Corporation (hereinafter referred to as the Corporation appellant No. 1 herein) or in any of its projects/establishments, Corporations appropriately. It was further directed that in case the present appellant shows reluctance in spite of being asked by the Union of India to give appointment, then the Union of India would be duty bound to engage him and if that contingency arises the respondent herein would be entitled to back wages from February 1, 1993 i.e. the date of filing of the writ petition provided he was not gainfully employed.

2. Factual background which is almost undisputed is as follows:

Father of respondent one Shri Shakti Prasad was working under Baira Siul Hyroelectric Project of the Government of India. While so working he died on 10.12.1976. The said Shakti Prasad was survived by his widow and three children. In full and