Page No.# 1/3 GAHC020007682025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/232/2025 SHRI BENSUYHUN KENT, S/O LATE MEZARI KENT, R/O OFFICERS HILL, KOHIMA, NAGALAND VERSUS THE GOVERNMENT OF NAGALAND 3 ORS THROUGH THE CHIEF SECRETARY TO THE GOVERNMENT OF NAGALAND, NAGALAND, KOHIMA 2:THE COMMISSIONER AND SECRETARY AND FINANCE COMMISSIONER FINANCE DEPARTMENT NAGALAND KOHIMA 3:THE COMMISSIONER AND SECRETARY PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT GOVERNMENT OF NAGALAND NAGALAND KOHIMA 4:THE PRINCIPAL DIRECTOR DIRECTORATE OF TREASURY AND ACCOUNTS NAGALAND KOHIM Advocate for the Petitioner : MOA JAMIR, K SHIJOH,GRACE I NAMGI,SHISA JAMIR,Y HUMTSOE,M JEMU Page No.# 2/3 Advocate for the Respondent : GOVT ADV NL, BEFORE HON'BLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 17.11.2025 1. Heard Mr. Moa Jamir, learned counsel for the petitioner, who submits that the petitioner’s application for compassionate appointment submitted on 23.04.2025 has not been decided by the respondent authorities. 2. Ms. S. Chang, learned counsel for the State Government, on the other hand submits that there being undue delay on the part of the petitioner in applying for compassionate appointment and as the petitioner was a minor during the time the petitioner’s father died, the application for compassionate appointment should be rejected. 3. I have heard the learned counsels for the parties. 4. The facts of the case shows that the petitioner’s father died- in-harness on 16.11.2014. Thereafter the petitioner’s mother submitted an application for compassionate appointment. The same not having been considered, as claimed by the petitioner, the petitioner, who is the son of the deceased, filed the application for compassionate appointment on 23.04.2025. Page No.# 3/3 5. One thing that is apparent is that more than 11 years have elapsed from the date of death of the petitioner’s father. As the same shows that the petitioner and his mother have survived the immediate loss of their breadwinner, the sense of immediate necessity for compassionate appointment seems to be lost. When the objective of compassionate appointment is to mitigate the immediate loss caused to the family of the breadwinner, the delay in filing an application for condonation of delay shows that the sense of immediacy for compassionate appointment has been diminished and/or lost. This has been laid down by the Supreme Court in the case of State of West Bengal vs. Debabrata Tiwari & Others, reported in (2025) 5 SCC 712. 6. At this stage, the learned counsel for the petitioner submits that he would like to withdraw the writ petition. 7. The prayer of the writ petitioner is allowed. 8. The writ petition is dismissed as withdrawn. JUDGE Comparing Assistant