REPORTABLE        

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.3237 OF 2009 [Arising out of SLP©No.12837 OF 2008]

Bhankra Byas Managing Board      ...Appellant

VERSUS

Suresh & Anr.                  ..Respondents  

J U D G M E N T

   TARUN CHATTERJEE, J.

1. Leave granted.

2. This appeal is preferred against an interim order  

dated 3rd of April, 2008 passed by the High Court  

of Punjab and Haryana at Chandigarh in Regular  

Second  Appeal  No.2865  of  2007  whereby  the  

High Court, while admitting the appeal preferred  

by the appellant, has granted final  relief  to the  

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respondent  No.1  by  directing  the  appellant  to  

give compassionate appointment to him. In our  

view, the High Court was not justified in granting  

such interim order at the admission stage. It is an  

admitted  position  that  the  second  appeal  was  

admitted for final disposal. A suit was filed by the  

respondent  No.1  for  declaration  that  he  was  a  

legal  heir  of  the  deceased  employee  of  the  

appellant  being his  adopted son.  The said  suit,  

however, was decreed and affirmed by the first  

appellate court  against  which the appellant  has  

filed the second appeal in the High Court which is  

pending.  Although  a  decree  has  been  passed  

against the appellant, but in the interim stage of  

the  second  appeal,  the  appellant  could  not  be  

directed to appoint the respondent No.1, if on the  

statement of the respondent No.1 he was ready  

to  forego  the  past  benefit  if  he  was  taken  in  

service. Accordingly, the interim order granted by  

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the  High  Court  is  set  aside.  The  High  Court  is  

directed  to  decide  the  pending  second  appeal  

within six months from the date of supply of a  

copy of this order to it.  

3. We make it clear that we have not gone into the  

merits  of  the  second  appeal  which  shall  be  

decided by the High Court in accordance with law  

after giving proper hearing to the parties.     

   4.  The appeal is accordingly disposed of.  There will  

be no    order as to costs.

  ………………………………..J.         [TARUN CHATTERJEE]

 New Delhi;     ………………………………..J.   May 05, 2009.                        [H.L.DATTU]

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