Shri. Khezaletuo Neihu v. The State of Nagaland and 2 Ors

ORDER

05.12.2023

¶1Heard Mr. Pakinrichapbo, learned counsel for the petitioner. Also heard Mr. Mosemsa Longkumer, learned Government Advocate Page No.# 2/3 appearing for all the respondents.

¶2The petitioner prays for appointment on compassionate ground, on account of his father dying-in-harness on 24.02.2019, while serving as a Duftry on regular basis in the establishment of the Superintending Engineer, PHE Department, Kohima.

¶3The petitioner's counsel submits that the petitioner submitted an application for compassionate appointment to the respondent no.3, vide letter dated 17.06.2019. However, no decision has been taken by the respondent no.3, with regard to the petitioner's application for compassionate appointment. He submits that besides the 18 persons that have been given compassionate appointment from the year 2018 till date in the PHE Department, 218 regular appointments have been made to Grade-III & Grade-IV posts during the same period i.e. 2018 -2022. He submits that the same being in violation of the Office Memorandum No. AR-8/8/78 dated

17.09.2015, which is the "Revised Compassionate Appointment Scheme for State Government employees who die in harness", the petitioner's case should have been considered for compassionate appointment by the respondent nos.3.

¶4The petitioner's counsel submits that the writ petition can be disposed of with a direction to the respondent no.3, to consider the case of the petitioner for compassionate appointment and to take a decision on the same within a specified time period.

¶5Mr. Mosemsa Longkumer, learned Government Advocate for the respondents submits that he has got no objection to the prayer made by the petitioner's counsel. However, the respondent no.3 should consider the case of the petitioner, keeping in view the Page No.# 3/3 requirements laid down in the O.M. dated 17.09.2015.

¶6I have heard the learned counsels for the parties.

¶7In view of the fact that the petitioner's application for compassionate appointment (Annexure-D) has not been considered by the respondent nos.3 till date, the respondent no.3 is directed to take a decision on the petitioner's application dated 17.06.2019 for compassionate appointment, in terms of the O.M. dated 17.09.2015, within a period of 3 (three) months from the date of receipt of a certified copy of this order, which should be accompanied with a copy of the writ petition. The decision to be taken by the respondent no.3 shall be communicated to the petitioner.

¶8The writ petition is accordingly disposed of.

Sd/-

JUDGE Comparing Assistant

Page No.# 1/3 GAHC020001732023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/74/2023 SHRI. KHEZALETUO NEIHU AGED ABOUT 23 YEARS, S/O LATE KHWETO NEIHU, R/O KIGWE TOWN, B.P.O, KIGWEMA, KOHIMA, NAGALAND VERSUS THE STATE OF NAGALAND AND 2 ORS THROUGH THE CHIEF SECRETARY TO THE GOVERNMENT OF NAGALAND, NAGALAND, KOHIMA 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF NAGALAND PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT NAGALAND KOHIMA 3:THE CHIEF ENGINEER PHED NAGALAND KOHIM Advocate for the Petitioner : PAKINRICHAPBO Advocate for the Respondent : GOVT ADV NL BEFORE HON'BLE MR. JUSTICE MICHAEL ZOTHANKHUMA