Hon'ble Judge(s):
Arijit Pasayat,
C. K. Thakker
, JJ
Constitution of India , Art.226— Writ petition - Grant of final relief at interim stage - Improper.
S. A. No. 255 of 2002, D/- 16-10-2003 (All) Reversed.
@page-SC285
Where the Govt. Order clarified that under the Dying in Harness Rules benefit could not be given to the dependents of part-time employees, the interim directions given by the High Court in writ petition filed by widow of part time employee seeking compassionate appointment that appointment should be given to her ignoring the Govt. Order purportedly on humanitarian grounds would be improper. It amounts to granting final relief at interim stage which is impermissible moreover no reason was indicated as to why Court thought the course as directed was necessary to be adopted. Even it was not indicated that a prima facie case was made out though that itself was not sufficient.
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