Page No.# 1/5 GAHC020004542026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/98/2026 SHRI. KINREN JAMIR S/O LATE PENINNAH IMCHEN, R/O CHUMOUKEDIMA, NAGALAND VERSUS THE STATE OF NAGALAND AND 3 ORS THROUGH THE COMMISSIONER AND SECRETARY, DIRECTORATE OF HEALTH AND FAMILY WELFARE, GOVT. OF NAGALAND, KOHIMA, NAGALAND 2:THE COMMISSIONER AND SECRETARY (P AND AR) PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT GOVT. OF NAGALAND NAGALAND KOHIMA. 3:THE PRINCIPAL DIRECTOR DIRECTORATE OF HEALTH AND FAMILY WELFARE NAGALAND KOHIMA 4:THE CHIEF MEDICAL OFFICER OFFICE OF THE CHIEF MEDICAL OFFICER GOVT. OF NAGALAND DIMAPUR NAGALAN For the Petitioner(s) : Mr. Alemwapang Ao, Advocate For the Respondent(s) : Ms. S. Chang, Govt. Advocate BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH Page No.# 2/5 ORDER Date : 21.09.2026 Heard Mr. Alemwapang Ao, the learned counsel for the petitioner. Ms. S. Chang, the learned Government Advocate appears on behalf of the State. 2. The present writ petition has been filed by the petitioner being aggrieved by the inaction on the part of the Respondent Authorities in processing his application dated 12.07.2024 for compassionate appointment in terms with the Office Memorandum dated 17.09.2015. 3. The materials on record show that the petitioner’s mother, Late Peninnah Imchen was appointed to the post of Basic Health Worker against Chumoukedima Primary Health Centre (PHC) under the establishment of the Chief Medical Officer, Dimapur, Nagaland in the pay band of Rs. 5,200 – Rs. 20,200/- per month with grade pay of Rs. 1,900/- plus all other allowances as admissible under the Rules from time to time in Nagaland. 4. Unfortunately, the petitioner’s mother expired on 21.12.2023. The petitioner thereupon submitted an application on 12.07.2024 seeking appointment as per Page No.# 3/5 the stipulations contained in the Office Memorandum dated 17.09.2015. It is categorically mentioned that the petitioner, being a graduate in B.A. Political Science (Honours) from Dimapur Government College is eligible for appointment to a Group-C post in accordance with the applicable scheme for compassionate appointment. 5. Upon filing of the instant writ petition on 08.06.2026, the learned coordinate Bench of this Court, vide an order dated 11.06.2026 issued notice. 6. Today, when the matter is being taken up, Ms. S. Chang, the learned Government Advocate, has placed before this Court an instruction dated 16.09.2026 issued by the Deputy Secretary to the Government of Nagaland wherein not only the para-wise comments have been provided, but also the list for Grade-III in the Health and Family Welfare Department of the Government of Nagaland was also provided. In terms with the said list, it is seen that the petitioner’s case is under consideration and he is at serial No. 16. The instructions so placed before this Court are collectively kept on record and marked with the letter ‘X’. 7. In the backdrop of the above, this Court finds it Page No.# 4/5 relevant to take note of the Office Memorandum dated 17.09.2015 wherein it is mentioned at paragraph No. 4 that compassionate appointment may be made to the posts falling under the combined direct recruitment quota of Group C and Group D. The ceiling for compassionate appointment of direct recruitment vacancy in Group-C and Group-D shall not exceed 50% of the vacancies during a year. It is also stipulated that the appointment against posts for direct recruitment in Group-C should be in the entry grade only. 8. This Court also takes note of the Addendum dated 09.04.2019 whereby paragraph No. 11 was added to the Office Memorandum dated 17.09.2015. In terms with the said paragraph No. 11, as inserted by the Addendum dated 09.04.2019, compassionate appointment made to Group-C and Group-D posts under the Scheme shall be strictly in the order of date of death and first preference shall always be given against those who have died earlier and who fulfills all other eligibility criteria. 9. In the instant case, as this Court takes note of the instructions which are kept on record and marked with the letter ‘X’, it is seen that a seniority list has Page No.# 5/5 been prepared in terms with the date of death. 10. The petitioner is at serial No. 16, taking into account that his mother expired on 21.12.2023. All other persons above the petitioner in the said seniority list, their relatives had expired prior to the death of the petitioner’s mother. 11. Considering the above, as the petitioner is under consideration, this Court would, therefore, close the instant writ petition with a direction upon the Respondent Authorities to take effective steps for consideration of the case of the petitioner for appointment on compassionate grounds in terms with the Office Memorandum dated 17.09.2015 read with the Addendum dated 09.04.2019. 12. With the above, the instant writ petition stands disposed of. Sd/- JUDGE Comparing Assistant