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2025 DAILYLAW 23593 (GAU)

SMTI. C. PONGLA v. STATE OF NAGALAND AND 3 ORS

WP(C)/81/2025 · 2025-10-29

Sanjay Kumar Medhi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC020002582025 2025:GAU-NL:522 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/81/2025 SMTI. C. PONGLA W/O LATE T. TANLEI PHOM, YONGPHANG VILLAGE, DIST- LONGLENG, NAGALAND VERSUS STATE OF NAGALAND AND 3 ORS REPRESENTED BY THE CHIEF SECRETARY, GOVT. OF NAGALAND 2:THE COMMISSIONER AND SECRETARY DEPT. OF SCHOOL EDUCATION NAGALAND KOHIMA 3:THE COMMISSIONER AND SECRETARY P AND AR DFEPT. NAGALAND KOHIMA 4:THE SUB-DIVISIONAL EDUCATION OFFICER SDEO LONGLENG NAGALAN Advocate for the Petitioner : LAKNYEI PHOM, MUTHOI,AYALA IMCHEN,AKUM AIER Advocate for the Respondent : GOVT ADV NL, Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER Date : 30-10-2025 Heard Shri. Laknyei Phom, learned counsel for the petitioner. Also heard Ms. Supong Chang, learned State counsel for the respondent nos. 1 to 4. 2. Considering the facts and circumstances, and as agreed to by the learned counsel for the parties, the instant writ petition is taken up for disposal in the admission stage. 3. As per the facts projected, the husband of the petitioner, Shri. T. Tanlei, died in harness on 17.12.2023 while rendering service as a primary teacher, GPS Yongphang-A, Longleng under the establishment of the Senior SDEO, Longleng, Nagaland. The petitioner who is the widow is also having 2 (two) minor children. On such eventuality, the petitioner had submitted an application on 27.05.2024 seeking appointment on compassionate ground under the present scheme covered by the memorandum dated 17.09.2015. However, the said application has not been considered. Accordingly, the present writ petition has been filed. 4. Shri. Laknyei Phom, learned counsel for the petitioner has submitted that consideration of the case of the petitioner is a legal right which flows from the memorandum dated 17.09.2015 and the delay in such consideration is causing immense prejudice to the petitioner. Page No.# 3/3 5. After issuance of notice in this case, instructions were directed to be obtained. 6. Ms. Supong Chang, learned State counsel has submitted that instructions have been received, as per which, the case of the petitioner has been duly considered and she has been enlisted in the list of incumbents seeking compassionate appointment and her position is at Serial No. 30. The learned State counsel has also submitted that as and when her turn comes, the petitioner would be given appointment on compassionate ground depending on the vacancy position. 7. Shri. Laknyei Phom, learned counsel for the petitioner has fairly submitted that under such facts and circumstances, appropriate orders may be passed by this Court. 8. Upon considering the aforesaid submissions, especially the one made by the learned State counsel that the name of the petitioner is enlisted against serial no. 30, in the list of incumbents seeking appointment on compassionate ground, the instant writ petition is closed by directing the State respondents to take appropriate action as and when the turn of the petitioner comes. Such consideration shall be made in a fair and transparent manner. 9. Writ petition accordingly stands disposed of. JUDGE Comparing Assistant