Page No.# 1/4 GAHC020008012024 2025:GAU-NL:167 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/303/2024 SHRI WATITEMJEN PONGEN S/O LATE NUNGKUMTOSHI PERMANENT R/O KANGTSUNG VILLAGE MOKOKCHUNG NAGALAND VERSUS STATE OF NAGALAND AND 2 ORS THROUGH THE ADDDITIONAL CHIEF SECRETARY AND DEVELOPMENT COMMISSIONER GOVT. OF NAGALAND 2:THE COMMISSIONER AND SECRETARY P AND AR DEPT. NAGALAND KOHIMA 3:THE ADDITIONAL DEVELOPMENT COMMISSIONER PLANNING AND TRANSFORMATION DEPT. KOHIMA NAGALAN Advocate for the Petitioner : ALEMWAPANG AO, ARENLONG 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 Mr. Arenlong, learned counsel for the petitioner and Mr. Ajungli Sangtam, learned Government Advocate for the State respondents. 2. By filing this petition the petitioner is seeking for Compassionate Appointment on account of the death of his father who died in harness on 07.11.2023 while serving as LDA under the establishment of District Planning Machinery Cell, Mokokchung in the erstwhile Department of Planning and Co-ordination, Nagaland, now re-named as Department of Planning and Transformation, Nagaland. Subsequent to the death of his father, the petitioner submitted the application dated 21.12.2023 for Compassionate Appointment to the Development Commissioner, Department of Planning and Co-ordination, Nagaland Kohima; also the Reminder Letter dated 25.09.2024. However, as no action was taken by the Government to appoint the petitioner to a post on Compassionate Ground, the present writ petition has been filed. It is the case of the petitioner that he has a right to be considered for appointment on Compassionate Ground 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. Page No.# 3/4 3. Mr. Ajungli Sangtam, learned Government Advocate, by referring to the affidavit-in-opposition filed by the State respondents, more particularly to Paragraph- 4 submits that the name of the petitioner is recorded in Serial No. 4 in the Seniority List of the Applications for Appointment on Compassionate Grounds in the Department and in support thereof has also referred to the Annexure-A of the affidavit filed by the State respondents, which is the detailed Statement of the Waiting List for appointment on Compassionate Ground under the Planning and Transformation Department as on 18.06.2024, wherein the name of the petitioner is shown at Serial No. 4 of the said list. The learned Government Advocate accordingly submits that the case of the petitioner shall be considered as per the list maintained by the Department and as and when the turn of the petitioner comes. 4. Mr. Arenlong, the learned counsel for the petitioner, submits that in view of the averments made by the State respondents in the affidavit-in- opposition and the Annexure-A, which is the Waiting List for appointment on Compassionate Ground under the Planning and Transformation Department, he submits that the writ petition may be closed with a direction to the State respondents to appoint the petitioner on Compassionate Ground in the light of the Annexure-A which is enclosed by the State respondents in their affidavit-in-opposition. 5. In view of the submissions made by the learned counsel for the parties the writ petition is disposed with a direction to the State respondents to consider the appointment of the petitioner on Compassionate Ground in accordance with Annexure-A, which is enclosed Page No.# 4/4 to the affidavit-in-opposition filed by the State respondents, wherein the name of the petitioner is shown at Serial No. 4, and strictly in accordance with 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