Shri Merenjungba v. The State of Nagaland and 3 Ors

ORDER Date : 10.05.2024

Heard Mr. Sentiyanger, learned counsel for the peti-tioner and also heard Mr. Ajungli, learned Government Advocate on behalf of the State respondent Nos. 1 to 4.

¶2By this application under Article 226 of the Constitu-tion of India, the petitioner seeks for appointment on compas-sionate ground in any suitable post in terms of the Office Memo-randum No.AR-8/8/78 dated 17.9.2015 and Addendum dated

9.4.2019.

¶3The case of the petitioner is that his father namely Late O.Imyapangba who was serving as Sectional Assistant (Class-III Non Gazetted) in the PWD Changtongya Division Mokokchung died in harness on 28.10.2021 after serving the De-partment for 33 years, 7 months and 27 days.

¶4It is submitted that the father of petitioner was sole bread earner of the family; and his demised, all the responsibili-ties to look after his mother fell upon the shoulder of the peti-tioner. Under the circumstances, the petitioner having no other means of livelihood had submitted a representation before the Chief Engineer, PWD (Housing) Nagaland, on 16.11.2021 seeking his appointment in the department on compassionate ground against the vacancy created due to the death of his deceased fa-ther. Along with his representation, the petitioner has also an-nexed his educational qualification certificates and the certificate of Diploma in Computer application and networking with a view Page No.# 3/5 to show that he is capable of performing any duty of Group-C and D post if appointed. However, his prayer in the said repre-sentation was to appoint him in any available suitable post in the Department on compassionate ground.

¶5It is submitted that the Government of Nagaland, P & AR Department (Administrative Reforms Branch) issues an Office Memorandum No.AR-8/8/78 dated 17.9.2015 on "Revised Com-passionate Appointment Scheme for the State Government Em-ployees who die in harness". As per the said scheme, compas-sionate appointment is to be made on to the post falling under the combined direct recruit quota of Group C and Group-D and such appointment can be done upto 50% of the vacancies dur-ing a year. However, despite the clear direction/condition pro-vided in the said Office Memorandum dated 17.9.2015, the case of the petitioner has not yet been considered by the concerned authorities till date.

¶6It is further submitted that in continuation of the Office Memorandum dated 17.09.2015, the Government of Na-galand had issued an Addendum dated 09.04.2019 inserting para 11 and 12 to the said Office Memorandum whereby, it is provided that the compassionate made in Group-C and Group-D post under the scheme shall be strictly in order of date of death and first preference shall always be given against those who have died earlier and who fulfills the eligibility criteria. Basing on the said Addendum, the Government has prepared a wait list on OM and compassionate applicants under NPWD Department wherein the name of the petitioner has been listed at Sl.No.70. Page No.# 4/5

¶7In the context of the above provision provided under the OM dated 17.09.2015 and Addendum dated 09.04.2019 and the compassionate applicants list, the learned counsel for the petitioner submits that he has a limited prayer at this stage to consider the case of the petitioner for appointment of the peti-tioner in any suitable post on compassionate basis in terms of the above Office Memorandum dated 17.09.2015 and the Adden-dum dated 09.04.2019.

¶8Mr. Ajungli, learned Government Advocate appearing for the State respondents acceded to the prayer made by the learned counsel for the petitioner and submits that since the Government is maintaining a list for compassionate applicants prepared in consonance to the Office Memorandum and the Ad-dendum stated above, the case of the petitioner shall be consid-ered as and when his turn comes as per the compassionate ap-plicant list.

¶9Heard both the learned counsel for the parties. I have also considered the documents annexed by the parties in-cluding the OMs, the addendum and the compassionate appli-cants list maintained by the department.

¶10In view of the statements made in the pleadings and the submissions of the learned counsel for the parties and as agreed to by the parties, this writ petition is disposed of with a direction to the respondent authorities to consider the case of the petitioner for appointment on compassionate ground in any suitable post in terms of the Office Memorandum dated

17.9.2015 and Addendum dated 09.04.2019 issued by the P & Page No.# 5/5 AR Department and as per the wait list of the compassionate ap-plicants maintained by the Government.

¶11The writ petition stands dispose of in terms above.

Sd/- JUDGE Comparing Assistant

Page No.# 1/5 GAHC020000912024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/32/2024 SHRI MERENJUNGBA S/O LATE SHRI O IMYAPANGBA P/R OF AKHOYA VILLAGE, MOKOKCHUNG, NAGALAND-798601 VERSUS THE STATE OF NAGALAND AND 3 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT.OF NAGALAND 2:THE COMMISSIONER AND SECRETARY WORKS AND HOUSING DEPT. NAGALAND KOHIMA 3:THE ENGINEER-IN-CHIEF NPWD NAGALAND KOHIMA 4:THE CHIEF ENGINEER PWD (HOUSING) NAGALAND KOHIM Advocate for the Petitioner : SENTIYANGER Advocate for the Respondent : GOVT ADV NL Page No.# 2/5 BEFORE HON'BLE MR. JUSTICE BUDI HABUNG