Bedangangzuk, v. The State of Nagaland and 4 Ors

ORDER Date : 26-02-2024

¶1Heard Mr. S. Walling, learned counsel for the petitioner.

¶2The petitioner has filed this application under Article 226 of the Constitution of India for issuance of writ in the nature of mandamus, certiorari or any other writ, direction, order or orders of the like nature. It is submitted that the petitioners are to be directed to strictly comply with the OM dated 17.09.2015 and the Addendum dated 09.04.2019 and provide appointment to the petitioner on compassionate ground.

¶4Heard Mr. M. Longkumer, learned Government Advocate for the respondents.

¶5The respondents have submitted an affidavit-in-opposition and vide para Nos. 4 and 5 it has been admitted by the respondents that in consonance of the OM No. AR-8/8/78 dated 17.09.2015 and the Addendum dated 09.04.2019 "Revised Compassionate Appointment Scheme for State Government employees who died in harness" the department of the answering respondent is maintaining a waiting list in chronological order as envisaged in Addendum dated 09.04.2019. As per the waiting list for appointment on compassionate ground, the name of the petitioner stands at serial No. 4. The petitioner is the son of an employee who died in harness on 17.08.2021 while serving as Inspector under the Department of Legal Metrology and Consumer Protection, Mokokchung, Nagaland. Page No.# 3/3

¶6I have considered the submissions at the Bar with circumspection.

¶7As the petitioner's name is at serial No. 4, the learned counsel for the respondents have submitted that every endeavour will be made to provide appointment to the petitioner as and when possible.

¶8The respondents are agreeing to provide appointment to the petitioner in compliance to the OM No. AR-8/8/78 dated 17.09.2015 and under the provisions of the Addendum dated 09.04.2019. A direction is hereby given to the respondents to make every endeavour consider the petitioner's prayer for compassionate appointment as per OM No. AR-8/8/78 dated 17.09.2015 and as per Addendum dated 09.04.2019, after taking note of his serial number at 4.

¶9With the above observations, matter is closed.

Sd/-

JUDGE Comparing Assistant

Page No.# 1/3 GAHC020004652023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/185/2023 BEDANGANGZUK, S/O LATE TEMJENLEMBA, KHENSA VILLAGE, MOKOKCHUNG, NAGALAND VERSUS THE STATE OF NAGALAND AND 4 ORS THROUGH THE CHIEF SECRETARY TO THE GOVERNMENT OF NAGALAND, KOHIMA 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF NAGALAND PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT NAGALAND KOHIMA 3:THE SECRETARY TO THE GOVERNMENT OF NAGALAND DEPARTMENT OF LEGAL METROLOGY AND CONSUMER PROTECTION NAGALAND KOHIMA 4:THE ASSISTANT CONTROLLER DEPARTMENT OF LEGAL METROLOGY AND CONSUMER PROTECTION MOKOKCHUNG NAGALAN Advocate for the Petitioner : SUPONGWATI WALLING Page No.# 2/3 Advocate for the Respondent : GOVT ADV NL BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND