Authority: Supreme Court of India, Civil Appellate Jurisdiction
Order Date: 24 September 2026
Case Overview
- Civil Appeal No.7397/2016 filed by Union of India & Ors. against Gajendra Tewari, challenging an interim order dated 14 October 2015 of the Allahabad High Court (Lucknow Bench).
- Special leave to appeal was granted on 08 August 2016; the appeal questioned the High Court's direction that the respondent be allowed to work under a compassionate appointment letter.
- Background: Respondent’s father, a postal employee, was dismissed for proven misconduct on 25 March 1994; a departmental appeal partially succeeded, leading to a de novo enquiry on 21 March 1996 while the dismissal order remained in abeyance. The father went missing on 27 October 1992, an FIR was lodged on 07 February 1993, and a civil death was declared on 09 January 2004.
- Respondent applied for compassionate appointment on 31 October 1997 and was offered a post on 05 January 2010. Despite willingness to join, permission was refused, prompting the writ petition before the High Court.
- The High Court’s interim order directed that the respondent be allowed to work pursuant to the appointment letter, provided it had not been cancelled.
- Union of India contended that the office memoranda governing compassionate appointments at that time did not permit appointment of a former employee implicated in fraud and not exonerated, rendering the appointment letter erroneous.
- The Supreme Court observed that the writ petition had been pending for over a decade, frustrating the purpose of compassionate appointment, and that the issues should be decided by the High Court, not by this appellate bench.
Final Outcome
- The appeal is disposed of by the signed order of Justices Dipankar Datta and Sheel Nagu.
- The Court directs the Chief Justice of the High Court to ensure the writ petition is posted for final hearing before a Division Bench (presided by the Chief Justice or any appropriate bench) within three months from the order date.
- The appellants are granted a fortnight from the order date to file a counter‑affidavit to the writ petition; the respondent may file a rejoinder affidavit within one week thereafter.
- Both parties are assured not to seek unnecessary adjournments and to cooperate for an early determination.
- All contentions and objections remain open for consideration by the Division Bench on merits.
- The stay order passed by this Court continues until the first date of the final hearing; the High Court may consider extending or vacating the stay if the writ petition is not concluded.
- Any pending applications, if any, are also disposed of.
Topics: Compassionate Appointment, Judicial Procedure