Case Note & Summary
The case involved an appeal against an interim order issued by the High Court of Punjab and Haryana, which directed the Bhakra Beas Managing Board to provide compassionate appointment to the first respondent, Suresh. The interim order was granted while the second appeal was pending, which challenged a decree affirming the respondent's status as a legal heir of a deceased employee of the appellant. The Supreme Court found that the High Court was not justified in granting such relief at the admission stage, as the second appeal was admitted for final disposal. The Court noted that although a decree had been passed against the appellant, the interim appointment could not be directed without considering the implications of the pending appeal. The Supreme Court set aside the interim order and instructed the High Court to resolve the second appeal within six months, clarifying that the merits of the case were not to be determined at this stage. The appeal was disposed of without any order as to costs.
Headnote
A) Civil Procedure - Interim Orders - Justification for Granting Interim Relief - Code of Civil Procedure, 1908, Section Not mentioned - The High Court granted an interim order for compassionate appointment to the respondent at the admission stage of the second appeal, which was deemed unjustified as the appeal was pending final disposal. The Supreme Court set aside the interim order and directed the High Court to decide the second appeal within six months, emphasizing that the merits of the case were not addressed (Paras 2-4).
Issue of Consideration
Whether the High Court was justified in granting an interim order for compassionate appointment at the admission stage of the second appeal.
Final Decision
The Supreme Court set aside the interim order issued by the High Court and directed it to decide the pending second appeal within six months, emphasizing that the merits of the case were not addressed.
Law Points
- Interim relief
- compassionate appointment
- legal heir declaration
- second appeal
- High Court jurisdiction
