Granting final relief at an interim stage without justifiable reasons is judicially unsustainable.

Judgment

Arijit Pasayat, J.

( 1 ) LEAVE granted.

( 2 ) THE State of U. P. calls in question legality of the judgment passed by a Division bench of the Allahabad High Court dismissing the Special Appeal filed by the present appellants. The Division Bench upheld the interim order passed by learned Single Judge dated 24. 6. 2002 in Writ Petition No. 3334/2002 (SS ).

( 3 ) BACKGROUND facts as projected by the appellants in a nutshell are as follows: respondents 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 effect from the date of notification. Under Sub-rule (1) of Rule 4 of the said Rules, the cut off date was fixed to be 1. 10. 1986. On 26. 10. 1998 a Government order was issued by the State Government clarifying that under the 1974 Rules benefit could not be given to the dependents of the part-time employees.

( 4 ) ON 15. 11. 2001 husband of the respondent died leaving behind the respondent and four children. On 3. 4. 2002 respondent submitted an application before the Executive engineer, Tubewell Division-I, Sitapur (appellant No. 4 herein) seeking appointment under the 1974 Rules. Her request was turned out on the ground that she was not eligible for such appointment under the 1974 Rules. Writ Petition no. 3334/2002 (SS) was filed by the respondent, inter alia, seeking for a direction to the present appellants to appoint the writ petitioner in any suitable Class IV post under the dying-in-Harness Rules. Learned Single Judge while issuing notice directed that the competent authorities shall consider the writ petitioners claim of giving compassionate appointment under the Dying-in-Harness Rules ignoring the government Order dated 26. 10. 1988 within the stipulated period. Legality of the order was challenged before the Division Bench by filing a Special Leave. The same has been dismissed by the impugned judgment.

( 5 ) THE High Court disposed of the appeal directing that the present respondent 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.

( 6 ) 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 that the direction as given by the learned Single Judge and affirmed by the Division Bench run counter to the specific provision in the operative Government Order.

( 7 ) PER contra, learned counsel for the respondent submitted that both the learned Single Judge and the Division Bench have acted on humanitarian grounds and this Court should not interfere with any interim order passed by learned Single Judge which has been upheld by the Division Bench.

( 8 ) TO say the least, approach of the learned Single Judge and the Division Bench is judicially unsustainable and indefensible. The final relief sought for in the writ petition has been granted as an interim measure. There was no reason indicated by learned Single Judge as to why the Government Order dated 26. 10. 1998 was to be ignored. Whether the writ petitioner was entitled to any relief in the writ petition has to be adjudicated at the tim