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2026 DAILYLAW 10482 (GAU)

Onentila, D/o. Late Semerdangba v. State of Nagaland, Represented By The Chief Secretary To The Government of Nagaland

2026-05-12

Unni Krishnan Nair

body2026
ORDER : UNNI KRISHNAN NAIR, J. Heard Ms. Anungla Lkr, learned counsel for the petitioner. Also heard Mr. M. Longkumer, learned Government Advocate appearing for the State respondents. 2. The petitioner by way of instituting the present proceedings has prayed for a direction upon the respondent authorities to consider her case for appointment on compassionate grounds against any available vacancy commensurating to her educational qualification. 3. The father of the petitioner, Semerdangba while working as a chowkidar in the establishment of the Medical Superintendent, Dr. Imkongliba Memorial District Hospital Mokokchung, died in harness on 17.09.2022. The petitioner thereafter, submitted an application for consideration of her case for appointment on compassionate grounds. The application submitted by the petitioner along with application submitted by wards of other employees who had died in harness, were forwarded by the Principal Director, Directorate of Health & Family Welfare, Nagaland, Kohima vide communication dated 25.05.2023, to the Government of Nagaland in the Department of Health & Family Welfare. The application submitted by the petitioner not being considered in terms of scheme for appointment of compassionate grounds in the State, the petitioner has instituted the present writ petition. 4. The learned counsel for the petitioner by reiterating the facts noticed hereinabove, has submitted that although the petitioner had promptly submitted her application for consideration of her case for appointment on compassionate grounds in pursuance to the death of her father, who was a Government servant, in harness, the application submitted by the petitioner was not taken up for due consideration and the delay occasioning has caused innumerably difficulties to the petitioner as well as her family members in meeting their day to day needs. The learned counsel for the petitioner has further submitted that non in the family of the petitioner holds any post under the Government and accordingly, the claim made by the petitioner for appointment on compassionate grounds would mandate an early consideration. 5. Per contra, Mr. M. Longkumer, learned Government Advocate appearing for the respondents have submitted that in terms of the scheme for appointment on compassionate grounds invoked in the State, the name of the petitioner has been included in the wait list of claimants for appointment on compassionate grounds and her name presently figures at Sl. No. 5 of the said list. M. Longkumer, learned Government Advocate appearing for the respondents have submitted that in terms of the scheme for appointment on compassionate grounds invoked in the State, the name of the petitioner has been included in the wait list of claimants for appointment on compassionate grounds and her name presently figures at Sl. No. 5 of the said list. It is projected that there being no Grade-IV vacant post available, the case of the petitioner and other persons placed above her in the wait list could not be considered. It is projected that the case of the petitioner would be given its due consideration on her turn, subject to availability of a suitable vacancy, commensurating to her educational qualification. 6. I have heard the learned counsel for the parties and also perused the materials available on record. 7. The petitioner in the writ petition has projected that she possess a Graduate qualification of B.A(Bachelor of Arts) degree and had promptly submitted her application proximate to the time of death of her father in harness. The scheme for appointment on compassionate grounds was notified vide Office Memorandum dated 17.09.2015 and in accordance with the said scheme a dependent daughter is also entitled to have her case consider for appointment on compassionate grounds. The scheme limits the consideration for appointment on compassionate grounds to the Department where the deceased Government employee was so serving. Such consideration is so required to be extended against posts included in Group-C and Group-D of the service to the extent of 50% of the vacancies arising in the said cadres during a year. The scheme as notified vide the Office Memorandum dated 17.09.2015, was further amended vide an Addendum dated 09.09.2019 and therein, it was stipulated that the consideration of the case of the applicants for appointment on compassionate grounds against vacancies in Group-C and Group-D post, would be made strictly in order of the date of death and first preference shall always be given against those who had died earlier and who fulfills all other eligible criteria. The department concerned was made responsible for compiling the applications of the next of kin of the deceased employees. The petitioner in her application is found to have prayed for consideration of her case against the post held by her deceased father. 8. The department concerned was made responsible for compiling the applications of the next of kin of the deceased employees. The petitioner in her application is found to have prayed for consideration of her case against the post held by her deceased father. 8. The materials brought on record reveals that the respondent authorities had appointed a person who was placed at Sl. No. 15 of the list without considering the case of the petitioner for appointment on compassionate grounds. The said aspects of the matters was clarified by the respondents by way of filing an additional affidavit and therein, it was highlighted that although the death of Zulusangba Lemtor’s father was later than that of the petitioner’s father, he was appointed on compassionate grounds against the post of driver which is a Grade-C post. The petitioner having applied for consideration of her case for appointment on compassionate grounds against a Grade-IV vacant post, the case of the petitioner was not so considered while considering the case of said Zulusangba Lemtor against a Group-C post. There being no challenge to the appointment on compassionate groundseffected in case of Zulusangba Lemtor, this Court refrains from interfering with the said appointment so effected. 9. This Court clarifies that a claimant for appointment on compassionate grounds cannot choose a particular post for affecting such appointment on compassionate grounds and the appointment is to be so made by considering the qualification possessed by such applicant against a post commensurating to such qualification possessed by the applicant concerned. The petitioner in the present writ petition has projected that she possess a Graduate qualification and accordingly, the petitioner is also eligible for being considered for appointment against a Group-C post. Accordingly, the petitioner although may have applied for consideration of a case against a Group-D vacant post, the same would not prevent the respondent authorities from considering the case of the petitioner for appointment against a Group-C post in the event a vacant post is so available within the quota prescribed vide the scheme vogue for appointment on compassionate grounds. 10. In view of the above discussion, this Court directs the respondent authorities to consider the case of the petitioner for appointment of compassionate grounds immediately on a vacant post becoming available within the direct recruitment quota either in Group-C and Group-D cadre in the Department concerned. 10. In view of the above discussion, this Court directs the respondent authorities to consider the case of the petitioner for appointment of compassionate grounds immediately on a vacant post becoming available within the direct recruitment quota either in Group-C and Group-D cadre in the Department concerned. On such consideration, the petitioner being found to be suitable for being extended with such appointment on compassionate grounds, the respondents are directed to issue appropriate orders in her favor, appointing her on compassionate grounds strictly in accordance with the scheme for appointment on compassionate grounds, notified vide the Office Memorandum dated 17.09.2015, read with the addendum dated 09.04.2019. For the purpose of facilitating such consideration petitioner to submit a certified copy of the present order before the concerned authorities along with an application praying for an early consideration of her case for appointment on compassionate grounds. 11. With the above observations and directions, the present writ petition stands disposed of.