SHRI IMNAJUNGSHI JAMIR AND ANR v. THE STATE OF NAGALAND AND 2 ORS
WP(C)/125/2024 · 2025-04-16
Kakheto Sema
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 23221 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23221 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC020003562024 2025:GAU-NL:168
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/125/2024 SHRI IMNAJUNGSHI JAMIR AND ANR S/O LATE MERENTEMJEN HAILING FROM LONGMISA VILLAGE MOKOKCHUNG -798601, NAGALAND PRESENTLY RESIDING IN PARA MEDICALCOLONY KOHIMA NAGALAND 2: SHRI PANGERSANEN JAMIR S/O LATE MERENTEMJEN HAILING FROM LONGMISA VILLAGE MOKOKCHUNG NAGALAND PRESENTLY RESIDING AT PARA-MEDICAL COLONY KOHIMA NAGALAN VERSUS THE STATE OF NAGALAND AND 2 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND 2:THE COMMISSIONER AND SECRETARY HOME DEPT. NAGALAND KOHIMA 3:THE DIRECTOR GENERAL OF POLICE NAGALAN KOHIM Advocate for the Petitioner : SENTIYANGER, CHUBA IMCHEN,V ANNE THERIE,KONLI BUCHEM Advocate for the Respondent : GOVT ADV NL,
Page No.# 2/4 BEFORE HON'BLE MR. JUSTICE KAKHETO SEMA O R D E R 17.04.2025 Heard Ms. V. Anne Therie, learned counsel for the petitioners and Mr. Ajungli Sangtam, learned Government Advocate for the State respondents. 2. The present writ petition has been filed by the petitioners seeking for Compassionate Appointment on account of the death of their father who died in harness on 09.02.2015, while serving as ABSI, 13 NAP (IR) BN in the Police Department, Government of Nagaland. Subsequent to the death of their father, the petitioner no. 1 submitted the application dated Nil, for Compassionate Appointment through the Commandant, 13 NAP (IR) BN, Chumoukedima, Nagaland, who in return forwarded the application to the Director General of Police, Nagaland, Kohima by the Letter dated 18.02.2015. Steps were thereafter taken at various levels to examine the case of the petitioner for appointment on Compassionate Grounds; however, no action was taken by the State respondents to appoint the petitioner no. 1 on Compassionate Ground. In the meantime, the petitioner no. 2, coming of age had also submitted the Application dated 10.05.2024 to the Director General of Police, Nagaland, Kohima for Compassionate Appointment. It is however the case of the petitioners that either of them may be appointed on Compassionate Ground in place of their deceased father and neither of the two petitioners will have any objection if any one of them is appointed.
It is also the case of the
Page No.# 3/4 petitioners that they are eligible to be appointed on Compassionate Grounds in terms of the Office memorandum dated 17.09.2015, issued by the Government of Nagaland, Personnel and Admistrative Reforms Department (Administrative Reforms Branch), which provides the revised Compassionate Appointment Scheme for State Government Employees who die in harness. 3. Mr. Ajungli Sangtam, learned Government Advocate, by referring to the affidavit-in-opposition filed by the State respondents, more particularly to the Annexure-A, which is the List of Application for Compassionate Appointment submits that the name of the petitioner no. 1 for appointment on Compassionate Appointment is projected at Serial No. 73 of the said list, and the appointment of the petitioner no. 1 shall be considered as per the list and as and when the turn of the petitioner comes. 4. Ms. V. Anne Therie, the learned counsel for the petitioner, referring to the affidavit-in-opposition filed by the State respondents, more particularly to Paragraph-6 of the said affidavit and the Annexure-A, which is the List of Application for Compassionate Appointment, submits that the writ petition may be disposed on the basis of the averments made by the State respondents in the affidavit-in-opposition and the Annexure-A to the said affidavit. 5. On the submissions made by the learned counsel for the parties the writ petition is accordingly disposed with a direction to the State respondents to consider the appointment of the petitioner no. 1 on
Page No.# 4/4 Compassionate Ground in terms of the averments made in the affidavit-in- opposition and the Annexure-A to the said affidavit, which is the List of Application for Compassionate Appointment and strictly in terms of the Office Memorandum dated 17.09.2015, issued by the Government of Nagaland, Personnel and Administrative Reforms Department (Administrative Reforms Branch) which provides the revised Compassionate Appointment Scheme for State Government Employees who die in harness. Writ petition disposed. JUDGE Comparing Assistant