JUDGMENT

K. JAGANNATHA-SHETTY, J. :— Special leave granted.

2. We must first express our disapproval of the way in which the department of Director General Border Road ("DGBR") has behaved in this pitiable case.

3. Ram Kumar was working as Storekeeper in the Department of Director General Border Road (DGBR). In October 1982, he died in harness leaving behind the appellants. Appellant No. 1 Sushma Gosain appellants is his widow and appellants Nos. 2 and 3 are their minor children.

4. In November 1982, Sushma Gosain sought appointment in DGBR as lower Division Clerk on compassionate grounds. In January 1983, she was called for the written test and later on for interview. She was said to have passed the trade test. But nonetheless she was not appointed. Whenever she approached DGBR, she was told that her case was under consideration.

5. In September 1985, Sushma Gosain filed writ petition in the High Court of Delhi for a direction against DGBR to appoint her in a suitable post. She was entitled to appointment in terms of Government Memorandum O.M.No. 14034/l/77/Estt. (d) dated 25-11-1978 issued by the Ministry of Home Affairs. DGBR however, resisted the writ petition with a primary conten