Smti. M. Nyumung Phom v. The State of Nagaland and 3 Ors

ORDER Page No.# 2/4

27.08.2024 Heard Mr. Laknyei Phom, learned counsel for the petitioner and Mr. Ajungli Sangtam, learned State Counsel appearing for the State respondents. Having regard to the nature of grievance projected by the petitioner, the writ petition is taken up for disposal at this stage with the consent of the learned counsels for the parties. [2.] The case of the petitioner is that her husband died in harness on 03.02.2022 while working as an Armed Branch Constable under the DEF, Longleng. Since the husband of the petitioner was the sole bread earner of the family, the petitioner having sustained loss and hardship applied for compassionate appointment by submitting her application before the Senior Superintendent of Police, Longleng on

29.04.2022. The application of the petitioner was forwarded by the said authority to the Director General of Police on the same day. Thereafter, since the petitioner did not get any consideration for her appointment on compassionate basis, she has filed the instant writ petition. [3.] The learned counsel for the petitioner submits that the State Government has formulated a policy for making Page No.# 3/4 appointment on compassionate basis and the same has been notified vide Office Memorandum dated 17.09.2015. He submits the petitioner has a right to be considered for compassionate appointment in terms of the said guidelines since her late husband expired while he was working for the State Government. [4.] The learned State Counsel submits that the case of the petitioner has been taken into account by the respondent authorities and as per the list of persons to be appointed on compassionate basis, the name of the petitioner appears at Sl. No. 383 and therefore the case of the petitioner will be considered as per her own turn in terms of the existing guidelines of the State Government. [5.] The learned counsel for the petitioner submits that since the petitioner has been placed at Sl. No. 383, the State respondents may be directed to consider appointing the petitioner on compassionate basis as and when her turn comes. [6.] In view of above, the writ petition is disposed of by directing the State respondent to consider the case of the petitioner for compassionate appointment as and when her Page No.# 4/4 turn comes.

Sd/-

JUDGE Comparing Assistant

Page No.# 1/4 GAHC020002022024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/62/2024 SMTI. M. NYUMUNG PHOM W/O LATE WANNUA PHOM ABC REG. NO. 2004227 DEF LONGLENG, NAGALAND R/O SHAMKANG WARD DIST- LONGLENG, NAGALAND VERSUS THE STATE OF NAGALAND AND 3 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND 2:THE COMMISSIONER AND SECRETARY HOME DEPT. NAGALAND KOHIMA 3:THE COMMISSIONER AND SECRETARY P AND AR DEPT. KOHIMA NAGALAND 4:THE DIRECTOR GENERALOF POLICE NAGALAND KOHIM Advocate for the Petitioner : TONGPOK PONGENER Advocate for the Respondent : GOVT ADV NL BEFORE HON'BLE MR. JUSTICE NELSON SAILO