Page No.# 1/5 GAHC020005492024 2025:GAU-NL:10 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/204/2024 SHRI H. JACK MOZHUI S/O LATE HAYIBOMO LOTHA REGIMENTAL NO. 606 RANK- NAIK OF DEF WOKHA UNDER THE SUPERINTENDENT OF POLICE, WOKHA NAGALAND R/O LONGTSUNG VILLAGE WOKHA, NAGALAND VERSUS THE STATE OF NAGALAND AND 3 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND NAGALAND KOHIMA 2:THE COMMISSIONER AND SECRETARY P AND AR NAGALAND KOHIMA 3:THE DIRECTOR GENERAL OF POLICE NAGALAND KOHIMA 4:THE SUPERINTENDENT OF POLICE WOKHA NAGALAND Advocate for the Petitioner : HISINLO HIMB, PHILIP LORIN,BERTA TEP,NENLI KEZ Advocate for the Respondent : GOVT ADV NL, Page No.# 2/5 BEFORE HON'BLE MR. JUSTICE BUDI HABUNG JUDGMENT AND ORDER (ORAL) 24-01-2025 Heard Mr. Hisinlo Himb, learned counsel for the petitioner. I have also heard Mr. Ajungli Sangtam, learned Government Advocate for the State respondents. 2. By filing this petition under Article 226 of the Constitution of India, the petitioner prays for issuance of appropriate writ or order or direction to the respondent authorities to consider his appointment against the vacant post created by his late father or any other post commensurate with his qualification on compassionate ground as per the Policy/Scheme laid down by the State Government vide OM dated 17.09.2015. 3. The case of the petitioner is that his father, late Hayibomo Lotha was recruited as Regimental No. 606, Rank- Naik, of DEF, Wokha, Nagaland under the Superintendent of Police, Wokha, Nagaland. While serving as so, he died in harness on 28.03.2016, leaving behind his wife and four children including the petitioner. It is submitted that the petitioner’s late father was the sole bread earner of the family and the livelihood of the family was fully dependant on his earning. And his untimely demise left the family members in penury and distress, therefore, the petitioner having no other means of livelihood approached the concerned authority and submitted a representation dated 22.04.2016 along with all his necessary documents including his educational certificates to the Superintendent of Police, Wokha, Nagaland with a request to appoint him Page No.# 3/5 to the post of Constable or any other suitable post in the department. 4. It is submitted that the State of Nagaland, Department of Personnel & Administrative Reforms (A.R. Branch) issued an OM No. AR-8/8/78 dated 17.09.2015. This notification is regarding the scheme for compassionate appointment for dependants of the deceased Government servant who died in harness. This scheme provides that the appointment on compassionate ground will be applicable only to the dependants of the deceased government servant. 5. It is submitted that on receipt of the application for appointment on compassionate ground, the Superintendant of Police, Wokha, Nagaland issued Office letter no. WDP/RO-25/2019-20 dated 23.08.2019 and forwarded the list of applicants’ for compassionate appointment to the Director General of Police, Nagaland, Kohima. The name of the petitioner appears at Serial No. 1 of the list (Annexure E of the writ petition). However, the case of the petitioner was not considered despite of repeated reminders to the concerned authority. Therefore, the petitioner is before this Court with a prayer to direct the respondent authorities to consider his case for appointment on compassionate ground as per the Policy/Scheme framed by the State government. 6. The State respondent nos. 1 to 4 filed an affidavit whereby at para 5, while acknowledging the receipt of application for compassionate appointment stated that all the applicants for compassionate appointment from all the districts were compiled at the Office of the Director General of Police, DGP, Nagaland, Kohima wherein the name of the petitioner is Page No.# 4/5 placed at serial no. 102 of the list of the applicants for compassionate appointment. It is further contended that as per the OM No. AR-8/8/78 dated 17.09.2015, Revised Compassionate Appointment Scheme for State government employees who died in harness; all departments shall maintain the waiting list in chronological order for compassionate appointment. 7. The learned counsel for the State respondents submits that although the name of the petitioner is recorded at serial No. 102 in the list of applicants for appointment on compassionate ground, however, the list has some double entry as some applicants have filed more than one application before the authority for appointment on compassionate ground. However, with the appointments of the applicants, all their names will be deleted. Thus, minus the double entry, the name of the petitioner is likely to come down to serial no. 63. However, as there are other applicants who had submitted application prior to the petitioner, their case would be considered first, and the case of the petitioner shall be considered for appointment on compassionate ground as and when his turn comes. 8. The learned Government Advocate further states that some posts are likely to fall vacant during the year 2025, and the Government is also expected to create some post, against which the Government is proposing to conduct a special recruitment drive, therefore, it is expected that some posts would be filled up by giving appointments on compassionate ground to the applicants as per the seniority in the list. In such event, the case of the petitioner shall also be considered in accordance with the Scheme and Page No.# 5/5 the list prepared and maintained by the department. 9. It is not disputed that the scheme under OM dated 17.09.2015 is still in operation and the petitioner’s father was working as Constable bearing regimental No. 606, Rank-Naik under the Superintendant of Police, Wokha, Nagaland and he died in harness on 28.03.2016 while in service. It is also not disputed that on receipt of the application, the name of the petitioner has been listed at serial No. 102 of the list of the applicants for appointment on compassionate ground and under the scheme, one of the serving family members of the deceased employee is entitled for appointment on compassionate ground. 10. In view of the facts and circumstances stated above and as agreed upon by the learned counsel for the parties and also considering the submission made by the learned Government Advocate that the case of the petitioner shall be considered for appointment on compassionate ground as per the list prepared and maintained by the Department, this writ petition is disposed of with a direction to the respondent authorities to consider the case of the petitioner for appointment on compassionate ground to the post of Constable or any other suitable post commensurate to his education qualification, in accordance with the list prepared and maintained by the department and in terms of the OM dated 17.09.2015. 11. With the above observation, this writ petition stands disposed of. JUDGE Comparing Assistant