TMI Blog1994 (2) TMI 303X X X X Extracts X X X X X X X X Extracts X X X X ..... ce Corporation of India (Staff) Regulations, 1960 providing for terms and conditions of service of the staff of the Corporation. Regulation 4 of the said regulations empowers the Chairman of the Corporation to issue such instructions or directions as may be necessary to give effect and carry out instructions of the Corporation in order to secure effective control over the staff employed by the Corporation. The Chairman of the Corporation with the approval of the Board on November 27, 1979 issued the Life Insurance Corporation Recruitment (of Class III and Class IV Staff) Instructions, 1979. These instructions also contain provisions for the appointment of staff on compassionate ground upon demise of a member of the staff of the Corporation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng on circulars dated October 6, 1987 and January 21, 1987 rejected the request. Thereupon Writ Petition No. 3157 of 1993 came to be filed by second respondent to direct the appellant Corporation to appoint him on compassionate grounds. By the impugned judgment dated October 19, 1993 of the High Court, the appellant Corporation was directed to appoint second respondent on compassionate grounds within four weeks of the date of the order. Hence, the present appeal. 7. Mr Harish Salve, learned Senior Counsel for the appellant Corporation would urge that the appellant Corporation cannot be directed to act contrary to the regulations and instructions which govern appointment on compassionate grounds. These regulations which have been framed w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es, and him that takes; These words will not apply to all situations. Yeilding to instinct will tend to ignore the cold logic of law. It should be remembered that law is the embodiment of all Wisdom . Justice according to law is a principle as old as the hills. The courts are to administer law as they find it, however, inconvenient it may be. 11. At this juncture we may usefully refer to Martin Burn Ltd. v. Corporation of Calcutta' AIR 1966 SC 529, 535: (1966) 1 SCR 543 . At page 535 of the Report the following observations are found : A result flowing from a statutory provision is never an evil. A Court has no power to ignore that provision to relieve what it considers a distress resulting from its operation. A statute must ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, with the State Road Transport Corporation to ply his bus as nominee of the Corporation on the route in respect of which the permit was issued in favour of the Corporation for a period of five years, was clearly contrary to the Act and cannot, therefore, be enforced. In the circumstances, the petitioner would not be entitled to the issue of a writ in the nature of mandamus to the Corporation to allow him to operate his motor vehicle as a stage carriage under the permit obtained by the Corporation as its nominee. 13. It is true that there may be pitiable situations but on that score, the statutory provisions cannot be put aside. 14. In this very case, on the demise of Ramchandra Ambekar, the first respondent staked her claim but she ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent. 17. Thus, apart from the direction as to appointment on compassionate grounds being against statutory provisions, such direction does not take note of this fact. Whatever it may be, the Court should not have directed the appointment on compassionate grounds. The jurisdiction under mandamus cannot be exercised in that fashion. It should have merely directed consideration of the claim of the second respondent. To straightaway direct the appointment would only put the appellant Corporation in piquant situation. The disobedience of this direction will entail contempt notwithstanding the fact that the appointment may not be warranted. This is yet another ground which renders the impugned judgment dated October 19, 1993 unsupportab ..... X X X X Extracts X X X X X X X X Extracts X X X X
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