Miss Alemmongla Jamir v. The State of Nagaland and 3 Ors

ORDER Date : 26.02.2024

¶1The instant writ petition has been filed by the Petitioner being aggrieved by the inaction on the part of the Respondent Authorities in considering the case of the Petitioner for grant of appointment on compassionate ground in terms with the Office Memorandum dated

17.09.2015.

¶2It reveals from the records that the father of the Petitioner was serving as an Upper Divisional Assistant in the Directorate of Agriculture and while serving in the same capacity, he died in harness on 26.04.2012. It has also been stated that as per the Government Notification dated 20.01.2011, the services of the father of the Petitioner was upgraded from UDA to Assistant Superintendent (Grade-II) by Office order dated 29.05.2012. Pursuant to the death of the father of the Petitioner, the Petitioner submitted an application for appointment on compassionate ground against the resultant vacancy caused by the death of her father. However, the Petitioner's application having not been considered, the Petitioner has approached this Court by filing the instant writ petition.

¶3This Court had duly taken note of the affidavit-in-opposition which has been filed by the Respondents wherein it has been mentioned that pursuant to the Office Memorandum dated

17.09.2015, an addendum dated 09.04.2019 was issued wherein Clause 11 was inserted to the Office Memorandum dated

17.09.2015. On the basis of the said addendum dated 09.04.2019, Page No.# 3/3 the Scheme shall be strictly in order of the date of death and first preference shall always be given against those who had died earlier and who fulfills all other eligibility criteria. In the said affidavit-in-opposition, it has also been mentioned that the Petitioner's case is under consideration and she is at Serial No.8.

¶4Taking into account that the Respondents Authorities are duly taking steps for consideration of the Petitioner's application in terms with the Office Memorandum dated 17.09.2015, this Court finds no ground for passing any additional directions save and except directing the Respondent Authorities to consider the case of the Petitioner in terms with the Office Memorandum dated 17.09.2015 as well as the addendum dated 09.04.2019.

¶5With above observations and directions, the instant writ petition stands disposed of.

Sd/-

JUDGE Comparing Assistant

Page No.# 1/3 GAHC020003742022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/134/2022 MISS ALEMMONGLA JAMIR AGED ABOUT 31 YEARS, D/O LATE IMTIYONGDANG, RESIDENT AT LOWER P.W.D, KOHIMA, NAGALAND VERSUS THE STATE OF NAGALAND AND 3 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 AGRICULTURE PRODUCTION AND COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF NAGALAND KOHIMA 4:THE DIRECTOR OF AGRICULTURE NAGALAND KOHIM For the Petitioner(s) : Mr. M. Konyak, Advocate For the Respondent(s) : Ms. Lichano, Government Advocate Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH