STATE OF HARYANA Vs. ANKUR GUPTA

JUDGEMENT

(1.) Leave granted.

(2.) The compassion shown by functionaries of the appellant-State by giving appointment to respondent on compassionate ground (under Die-in-harness Scheme) was nullified by a subsequent order. The respondent questioned legality thereof before the Punjab and Haryana High Court at Chandigarh. By the impugned judgment, the High Court held that though the appointment may not have been in accordance with the policy of compassionate appointment, yet the fact that the respondent (writ petitioner) had worked for about 4 years and was not guilty of any fraud or misrepresentation in seeking appointment under the scheme, the impugned order dated 24-9-2001 was not justified.

(3.) Factual position is almost undisputed and brief reference thereto would suffice. Father of respondent while in service died on 21-12-1996. Prior to that i.e. on 22-8-1996 the policy relating to compassionate appointment as was inoperative earlier was modified. The modification was done in view of a decision of the Punjab and Haryana High Court. Prior to the modification there was no embargo on a person getting appointment under the compassionate appointment scheme, even though one of his parents was in service at the time when the other expired. The High Court held that the very purpose of compassionate appointment was lost by this method of appointment. It was, therefore, held that dependant of a deceased-Government employee shall not be entitled to employment on compassionate grounds in case one of his parents is alive and is in Government employment. In view of the change, no person was entitled to be considered for compassionate appointment where one of his parents is alive and is in Government employment. As the respondents mother was in Government employment, the authorities felt that his appointment was not permissible, in view of clear stipulation in the policy-decision dated 22-8-1996. The appointment was sought to be nullified by order dated 18-5-2001. The respondent was appointed as a Clerk on 12-9-1997 on compassionate grounds under the Die-in-harness Scheme. Show notice was issued on 18-5-2001. The respondent submitted his reply, and by order dated 26-9-2001 the appointment letter issued on 12-9-1997 was cancelled. As noted above, the High Court nullified the action.