Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC020006462024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/236/2024 SMTI TALIKALA W/O LATE WATITEMSU R/O SUNGKOMEN WARD MOKOKCHUNG, NAGALAND MB- 7085104152 VERSUS STATE OF NAGALAND AND 4 ORS REPRESENTED BT THE CHIEF SECRETARY GOVT. OF NAGALAND 2:THE COMMISSIONER AND SECRETARY P AND AR DEPT. NAGALAND KOHIMA 3:COMMISSIONER AND SECRETARY WORKS AND HOUSING DEPT. NAGALAND KOHIMA 4:THE ENGINEER-IN-CHIEF NPWD NAGALAND KOHIMA 5:THE CHIEF ENGINEER (HOUSING) NPWD NAGALAND KOHIMA Advocate for the Petitioner : SUPONGWATI WALLING, R ATSULA KIPS Advocate for the Respondent : GOVT ADV NL,
Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE L.S. JAMIR ORDER Date : 13.02.2025
Heard Ms. R. Atsula Kips, learned counsel for the petitioner. Also heard Mr. Mr. Ajungli, learned Government Advocate for all the respondents. 2. By this writ petition, the petitioner is claiming for Compassionate appointment in terms of the Office Memorandum dated 17.09.2015 and the Addendum dated 09.04.2019 issued by the Government of Nagaland, P&AR Department (Administrative Reforms Branch) Nagaland, Kohima. 3. It is the case of the petitioner that her husband died-in- harness on 27.12.2023, while serving as Driver under the Establishment of the Executive Engineer, PWD (Housing), Division-I, Kohima, Nagaland leaving behind the petitioner, two daughters and one son. The petitioner, therefore made a an application on 01.04.2024 followed by another representation dated 01.08.2024 seeking for appointment on Compassionate grounds in terms of the Office Memorandum dated 17.09.2015 and Addendum dated
09.04.2019. 4. However, as till date, the petitioner has not been given appointment on Compassionate grounds and being aggrieved she has filed the present writ petition. 5. The State respondents have filed counter affidavit, wherein, it is stated that the department is maintaining a Waiting List on the basis of the date of death and first preference is also given to those
Page No.# 3/3 who have died earlier and who fulfills all other eligibility criteria. Along with the affidavit, the respondents have annexed the Waiting List of compassionate appointments under the NPWD, which has been prepared in terms of the Office Memorandum dated 17th September, 2015 and Addendum dated 09th April, 2019. In the said waiting list of compassionate applicants, the name of the petitioner appears at serial No. 122. 6.
It is the further case of the State Respondents that they are strictly following the waiting list prepared by the department and accordingly the petitioner would be given appointment as and when her turn comes. 7. Taking into account, the statement made in the counter affidavit filed by the State Respondents, this writ petition is disposed of directing the respondents to give appointment to the petitioner as and when her turn comes without deviating from the waiting list, which is annexed to the counter affidavit. It is also made clear that the appointment of the petitioner as and when her turn comes shall be made strictly in terms of the Office Memorandum dated 17.09.2015 and the Addendum dated 09.04.2019. 8. With the aforesaid observations and directions, this writ petition is disposed of. Sd/-
JUDGE Comparing Assistant