JUDGMENT

Arijit Pasayat, J.-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