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2025 DAILYLAW 23466 (GAU)

MR. NOKMEI L. PHOM v. THE STATE OF NAGALAND AND 3 ORS

WP(C)/298/2024 · 2025-03-05

Yarenjungla Longkumer

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC020007892024 2025:GAU-NL:75 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/298/2024 MR. NOKMEI L. PHOM S/O LATE LONGNYEI PHOM, HUKPHANG VILLAGE, DIST. LONGLENG, NAGALAND VERSUS THE STATE OF NAGALAND AND 3 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF NAGALAND, KOHIMA 2:THE PRINCIPAL DIRECTOR TREASURIES AND ACCOUNT DEPARTMENT NAGALAND KOHIMA 3:THE COMMISSIONER AND SECRETARY PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT NAGALAND KOHIMA 4:THE SUB TREASURY OFFICER LONGLENF NAGALAN Advocate for the Petitioner : LAKNYEI PHOM, VIKEHIENUO VIMERHA,AKUM AIER,AYALA IMCHEN,MUTHOI Advocate for the Respondent : GOVT ADV NL, BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER Page No.# 2/3 O R D E R 06.03.2025 Heard Mr. Laknyei Phom, learned counsel for the petitioner and Mr. Ajungli Sangtam, learned Government Advocate appearing for the respondent nos. 1, 2, 3 and 4. 2. This is an application filed under Article 226 of the Constitution of India by the petitioner praying for a direction to appoint him on compassionate ground in view of the expiry of his father Late Longnyei Phom in harness on 30.05.2021, while rendering service as Peon under the establishment of the Sub-Treasury Office, Longleng. It is stated that there is a scheme of the State Government for appointment on compassionate ground, which is Office Memorandum No. AR-8/8/78 dated 17.09.2015, which is at Annexure-A to the petition. The scheme clearly provides that it will be applicable only to dependents of deceased Government servants. The petitioner has submitted that he is a Matriculate and as such eligible to be appointed on compassionate ground under the standing O.M. dated 17.09.2015. 3. The counsel for the petitioner states that an application had been submitted to the concerned department and accordingly, his application was forwarded on 08.06.2021 by the Sub-Treasury Officer, Longleng, Nagaland to the Principal Director Treasury and Accounts department. The petitioner’s application along with the forwarding letter is annexed at Annexure- C series and D series. It is the contention of the petitioner that inspite of the passage of more than 3 (three) years since his application Page No.# 3/3 his prayer has not been considered by the State respondents till date. The petitioner has, therefore, prayed for a writ of mandamus directing the respondent State to appoint the petitioner on compassionate ground under the establishment of the State Treasury Officer, Longleng, Nagaland in accordance with the aforementioned scheme of compassionate appointment. 4. Learned Government counsel, Mr. Ajungli Sangtam appearing on behalf of the respondent nos. 1, 2, 3 and 4 has submitted that affidavit-in- opposition has been filed and in the said affidavit at Annexure-B, the name of the petitioner along with four others has been forwarded to the Additional Chief Secretary and Finance Commissioner, Nagaland, Kohima for appointment on compassionate ground as Multi Tasking Staff. It is therefore, the submission of the learned counsel for the State respondents that the appointment of the petitioner is already under process and the appointment order will be issued as soon as the formalities are completed. 5. In this view of the matter this Court is satisfied that the writ petition can be disposed at this stage with a direction to the respondent nos. 1, 2 and 3 to issue the Appointment Order of the petitioner within a period of 2 (two) months from the date of receipt of a copy of this Order. Petition stands disposed accordingly. JUDGE Comparing Assistant