Mr. Keneisetuo Sekhose, v. The State of Nagaland and 3 Ors

ORDER Date : 29.02.2024

¶1The case of the Petitioner herein is that the father of the Petitioner was appointed as a NCE (Sweeper) Grade-IV Post at the Office of the Superintendent of Police, Kohima on 19.06.2022 and was regularized on 23.07.2009. Unfortunately, the father of the Petitioner died in harness on 20.01.2023 leaving behind the Petitioner's mother and three children including the Petitioner.

¶2The Petitioner thereupon submitted an application on

08.02.2023 to the Office of the Superintendent of Police, Kohima praying

for

appointment

in

Grade-IV

post

on compassionate/humanitarian ground in terms with the Office Memorandum dated 17.09.2015. It is the specific case of the Petitioner that the Petitioner's case has not been considered and as such the Petitioner has approached this Court seeking directions upon the Respondents to appoint the Petitioner on compassionate ground.

¶3This Court had duly taken note of the Office Memorandum dated 17.09.2015 as well as the insertion of the Clause-11 to the said Office Memorandum dated 17.09.2015 vide the addendum dated 09.04.2019. The insertion of Clause-11 stipulates that the consideration in terms with the Office Memorandum dated

17.09.2015 has to be strictly in the order of the date of death and first preference shall always be given against those who have died Page No.# 3/4 earlier and who fulfils all other eligibility criteria.

¶4Taking into account the above, this Court vide an order dated

15.12.2023 had sought for instructions from the Respondents as to whether the Petitioner's case has been duly considered. Today, Mr. Y. Achungli Sangtam, the learned Government Advocate appearing on behalf of the Respondents submitted that the Petitioner's case has been duly put under consideration and as per the roster list maintained, the Petitioner's name is at Serial No.64. He however submitted that there has been no appointment for the last 3 (three) years but the Government is taking appropriate steps for doing so in terms with the Office Memorandum dated 17.09.2015 and under such circumstances, the Petitioner's case would be duly considered.

¶5During the course of hearing, Mr. Y. Achungli Sangtam, the learned Government Advocate appearing on behalf of the Respondents has submitted an instruction dated 26.02.2024 which is kept on record and marked with the letter "X".

¶6Taking into account that the Petitioner's case is under consideration, this Court does not find any reason for continuing with the instant proceedings. However, this Court directs the Respondent Authorities to consider the case of the Petitioner in terms with the Office Memorandum dated 17.09.2015 read with the addendum dated 09.04.2019.

¶7The learned counsel for the Petitioner would be at liberty to take a certified copy of the said instructions which was placed before this Court and marked with the letter "X". Page No.# 4/4

¶8With above observations and directions, the instant writ petition stands disposed of.

Sd/-

JUDGE Comparing Assistant

Page No.# 1/4 GAHC020007532023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/334/2023 MR. KENEISETUO SEKHOSE, S/O LATE KHRIESAZOTUO SEKHOSE, R/O H/NO. 171, TENYIPHE-1 VILLAGE, C KHEL, CHUMOUKEDIMA, NAGALAND VERSUS THE STATE OF NAGALAND AND 3 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF NAGALAND, KOHIMA 2:THE HOME COMMISSIONER AND SECRETARY NAGALAND KOHIMA 3:THE DIRECTOR GENERAL OF POLICE KOHIMA NAGALAND 4:THE SUPERINTENDENT OF POLICE KOHIMA NAGALAN For the Petitioner(s) : Mr. M. Kasar, Advocate For the Respondent(s) : Mr. Y. Achungli Sangtam, Government Advocate Page No.# 2/4 BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH