Shri. Thronglongse Sangtam v. The State of Nagaland and 3 Ors

ORDER Date : 24-04-2023 Heard Mr. Toshi O Longkumer, learned counsel for the petitioner who submits that he has made this application under Article 226 of the Constitution of India for issuance of appropriate writ against the respondents for his appointment on compassionate ground as per the Office Memorandum Re-vised Compassionate Appointment Scheme for the State Gov-ernment employee who died in harness dated 17/9/2015, in place of the resultant vacancy which arose by the demise of his father Lt. Kyukhangba Yimchunger who was appointed as Work Charged Painter helper under the establishment of Exec-utive Engineer, PWD (Housing) Division No.1, Kohima and whose service was regularized on 6/1/2018. The petitioner has made representation for com-passionate appointment vide his representation dated 11/6/2020 and 14/3/2023. However, till date he has not re-ceive any reply to his representation. That the instant writ is confined only to the extent that his representation being con-sidered by the State respondents. Notice be issued. Ms. Bichano, learned Government Advocate ap-pearing for the State respondents accepts notice and has brought to the notice of this Court, the Addendum dated 9/4/2019 issued by the Government of Nagaland, P & AR De-partment, (Administrative Reforms Branch) which is with re-gard to compassionate appointment scheme for Government Employee who died in Harness and Addendum thereof. Page No.# 3/3 As per the said Notification dated 9/4/2019 it men-tions that the following conditions are added in the compas-sionate appointment scheme:-

¶1Compassionate appointment made in Group C and D posts under this scheme shall be strictly in order of date of death and first preference shall always be given against who have died earlier and who fulfills all other eligibility criteria.

¶2The responsibility of completing application forms of the next of kin of the deceased shall be with the Depart-ment as per the prescribed format. The learned Government Advocate submits that the compassionate appointment of the petitioner can be con-sidered in line with the Addendum Notification dated 9/4/2019. Having heard the submissions made by both the parties and in view of the limited prayer made by the peti-tioner, this Court find it fit to dispose of this writ petition at the motion stage itself, with a direction that the representations made by the petitioner dated 11/6/2020 and 14/3/2023 should be considered and disposed of with a speaking order within 3(three) weeks from the date of receipt of a certified copy of this order by the State respondents. With the above direction writ petition stands dis-posed of.

Sd/- JUDGE Comparing Assistant

Page No.# 1/3 GAHC020001472023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/60/2023 SHRI. THRONGLONGSE SANGTAM S/O LT. KYUKHANGBA OF ANGANGBA VILLAGE, R/O LONGKHIM TOWN, DISTRICT - TUENSANG, NAGALAND VERSUS THE STATE OF NAGALAND AND 3 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF NAGALAND 2) THE COMMISSIONER AND SECRETARY, DEPARTMENT OF WORKS AND HOUSING, NAGALAND, KOHIMA 3) THE ENGINEER-IN-CHIEF, NAGALAND PUBLIC WORKS DEPARTMENT, NAGALAND, KOHIMA 4) THE CHIEF ENGINEER, PWD(HOUSING), NAGALAND, KOHIMA Advocate for the Petitioner : TOSHI O. LONGKUMER Advocate for the Respondent : GOVT ADV NL Page No.# 2/3 BEFORE HON'BLE MRS. JUSTICE MARLI VANKUNG