Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 23567 (GAU)

CHANGKISUNG C. LUSANG v. STATE OF NAGALAND AND 3 ORS

WP(C)/144/2025 · 2025-11-19

Yarenjungla Longkumer

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC020004892025 2025:GAU-NL:556 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/144/2025 CHANGKISUNG C. LUSANG S/O LATE CHENTIBA, PERMANENT R/O CHANGKI VILLAGE, MOKOKCHUNG, NAGALAND VERSUS STATE OF NAGALAND AND 3 ORS REPRESENTEDS BY THE CHIEF SECRETARY TO THE GOVT.OF NAGALAND, NAGALAND KOHIMA 2:THE COMMISSIONER AND SECRETARY WORK AND HOUSING NAGALAND KOHIMA 3:THE ENGINEER-IN-CHIEF NPWD NAGALAND KOHIMA 4:THE CHIEF ENGINEER MECHANICAL (PWD) NAGALAND KOHIM Advocate for the Petitioner : WATI JAMIR, AKHAO KONYAK,ALITO SWU,S.IMLI Advocate for the Respondent : GOVT ADV NL, Page No.# 2/3 BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER O R D E R 20.11.2025 Heard learned counsel for the petitioner, Mr. Wati Jamir as well as learned Government Advocate, Mr. Ajungli Sangtam for the State respondents. 2. The present petition under Article 226 of the Constitution of India has been filed by the petitioner seeking appointment on compassionate ground. 3. The case of the petitioner is that the petitioner’s father died in harness on 12.10.2014 while serving as Assistant Mechanical Engineer under the establishment of the Mechanical Department, PWD, Nagaland leaving behind four school-going children. After the death of his father the petitioner submitted an application for appointment on compassionate ground in the year 2014 and again on 08.08.2017. However, failing to get any response the petitioner filed an RTI Application in the year 2022 seeking information with regard to the list maintained by the Department for compassionate appointment and the appointments made thereupon. As per the information received other persons whose parents had died after the death of the petitioner’s father were already appointed on compassionate ground. Learned counsel for the petitioner submits that as per the scheme for compassionate appointment, being Office Memorandum No. AR-8/8/78 dated 17.09.2015 the appointment on compassionate ground should be made up to 50% of the direct Page No.# 3/3 recruitment vacancy during a year. However, the respondents have not been adhering to the scheme for compassionate appointment. Till date, the petitioner has not been appointed even after a lapse of nine years. Being aggrieved, the petitioner has approached this Court praying for a direction to the authorities to consider the petitioner’s case for compassionate appointment in terms of the O.M. dated 17.09.2015. 4. During the course of hearing, the learned Government Advocate, Mr. Ajungli Sangtam has produced a copy of the Letter No. CE/M/PW/EST- 26/2015/655 dated 13.10.2025 by which the Additional Chief Engineer, PWD Mechanical Nagaland has forwarded the name of the petitioner to the Government for appointment on compassionate ground against the vacancy created by the retirement of one Shri Salu Angami (PWD13731), Welder retiring on 31.12.2025 under AME Kohima. 5. In view of the Letter dated 13.10.2025, this petition is disposed of with a direction to the respondent nos. 2, 3 and 4 to appoint the petitioner in terms of the proposal dated 13.10.2025 against the vacancy created by one Shri Salu Angami retiring on 31.12.2025 within a period of 3 (three) months from the date of this Order. With the above directions, the petition stands disposed. JUDGE Comparing Assistant