This Special Appeal is directed against the interim order dated 10.8.2016 passed in Writ Petition No.37201 of 2016 (Committee of Management, Ramakant Seva Sansthan Madhyamik Kanya Vidyalay, Ramakant Nagar, Varanasi and another v. State of U.P. And Others) whereby an interim direction has been given to post the fourth respondent in the Institution of the petitioner and further that his appointment shall be subject to the decision of the writ petition.

2. Challenging the interim directions issued by the learned Single Judge, submission of learned counsel for the petitioner-Management is that in the matter of compassionate appointment of fourth respondent, there was no ocassion for the Basic Education Officer to transfer him from the Institution whereas he was first offered appointment against the vacant Class III Post in the Institution of fifth respondent namely Shri Shiv Karan Singh Gautam Uchchatar Madhyamik Vidyalay, Varanasi . As per the Government order dated 31.1.1997 pertaining to the appointment of the dependents of the deceased teaching and non teaching employees in unaided Junior High School, as far as possible, the appointment on compassionate ground is to be offe