The Government has the authority to regulate compassionate appointments, including the creation of supernumerary posts, and such regulations are valid as long as they do not contravene the principles laid down by the Supreme Court.

( 1 ) THE petitioner seeks writ of mandamus commanding the respondents to create supernumerary class III post for his appointment on compassionate ground.

( 2 ) THE facts, in brief, are that the father of the petitioner Late Uttam Kumar Mishra was working as a Lecturer in Commerce in Puwayan Inter College, Puwayan, district Shahjahanpur. He died in-harneas on 28. 11. 1995. The petitioner applied for appointment on compassionate ground stating therein that he has passed Intermediate examination and also completed his B. A. Part 1 examination. The Manager of the institution is alleged to have issued appointment letter on 15. 9. 1997 appointing him as Class III employee in the institution. The papers were forwarded to the District Inspector of Schools, Shahjahanpur, respondent No. 4, He sent a letter dated 19. 9. 1997 to the Manager of the institution intimating him that the Government, by its order dated 16. 8. 1996, had directed to create supernumerary Class IV post and not Class III post and, therefore, the appointment, if made, to Class III post may be withdrawn. The Government Order dated 16. 8. 1996 (Annexure-13 to the writ petition) provides that if Class III posts are not available, supernumerary post be created for Class IV post but not for Class III post.

( 3 ) THE core question is whether mandamus can be issued commanding the respondents to create supernumerary Class III post. The appointment on compassionate ground is made to enable the family to tide over the sudden crisis on the death of the deceased employee who was a bread earner in the family. If the post is not available a supernumerary post is to be created. In Smt. Sushma Gosain and others v. Union of India and others. AIR 1989 SC 1976, wherein the widow of the deceased employee made application for appointment on the death of her husband in the year 1982 but she was not given appointment for many years, the Court directed that if there is no suitable post for appointment, supernumerary pus! be created to accommodate the applicant with the following observation : "we consider that it must be stated unequivocally that in all claims for appointment on compassionate grounds, there should not be any delay in appointment. The purpose of providing appointment on compassionate ground is to mitigate the hardship due to death of the bread earner in the family. Such appointment should, therefore, be provided immediately to redeem the family in distress. 11 is improper to keep such case pending for years. If there is no suitable post for appointment supernumerary post should be created to accommodate the applicant,"

( 4 ) IN Smt. Phoolwati v. Union of India and others, AIR 1991 SC 469, the direction was given by the Apex Court relying upon the decision of Smt. Sushma Gosains case (supra), for employing the applicant in that case on a suitable post commensurate with her educalional qualification. The test, when Class III or Class IV post or such other supernumerary post has to be created, was considered in Umesh Kumar Nagpal v. State of Haryana and others, JT 1994 (3) SC 525. wherein it was held that if the object of granting compassionate employment is to enable the family to tide over the sudden crisis, as a rule, appointments in public services should be made strictly on the basis of open invitation of applications and merit. No other mode of appointment nor any consideration is permissible. There are certain exceptions and one such exception is in favour of dependent of an employee dying-in-harness and leaving his family in penury and without any means of life. The posts in Class III and IV are the lowest posts in non-manual and manual categories and hence they alone can be offered on compassionate grounds : "in such cases, out of pure humanitarian consideration taking into consideration the fact that unless some source of livelihood is provided, the family would not be able to make both ends meet, a provision is made in the rules to provide gainful e