HINDUSTAN AERONAUTICS vs A. RADHIKA THIRUMALAI

The Supreme Court upheld the High Court's decision that the appointment on compassionate grounds under Rule 78 of Hindustan Aeronautics Ltd. can be made even in the absence of a regular vacancy by creating a supernumerary post. The Court emphasized that such appointments are meant to support the dependents of deceased employees and should not be hindered by recruitment bans. The ruling referenced the precedent set in Smt. Sushma Gosain & Ors v. Union of India & Ors., 1989 (40 SCC 468), affirming the legal principle that compassionate appointments are a matter of right for eligible dependents.