HON'BLE PRAKASH PADIA,J. - (1.) On 17.11.2018 following order was passed by this Court :- "The petitioner herein this petition claims payment of salary pursuant to the order dated 26th November, 2014 by which he has been given compassionate appointment on a Class IV post in a supernumerary cadre in the institution being run by the respondent No.5. The respondent No.5 is represented by Sri R.N. Yadav, who does not dispute the factual position that the petitioner is working on the supernumerary Class IV post in the institution.
(2.) The argument advanced by the learned counsel for the respondent is that the order of appointment dated 26th November, 2014 though is challenged in Writ Petition No. 38440 of 2015 but no interim order has been granted and this writ petition may simply been connected with the another Writ Petition No. 55542 of 2014 in which there is challenge to any appointment of the petitioner. The very purpose of the compassionate appointment is to provide succor to the bereaved family. The purpose of the appointment is defeated if an employee though appointed on compassionate ground is kept waiting for payment of salary. This Court sitting in a equitable jurisdiction cannot lose sight of the fact that the appointment made on supernumerary post is only with the purpose to protect the family from getting into any worse situation on account of untimely death of the sole bread earner of the family.
(3.) In view of the above, the respondent No.3 is directed to either pay salary to the petitioner of a Class IV employee as admissible within a period of four weeks from today or show cause within the same period. Sri R.N. Yadav, learned counsel appearing for the respondent No.5 and learned Standing Counsel representing the respondent Nos. 1, 2 and 4 pray for and are granted four weeks' time to file their response. List immediate after the expiry of the aforesaid period along with the Writ Petition No. 55542 of 2014." ;