Page No.# 1/7 GAHC020002432026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/49/2026 SHRI YANBEMO KIKON S/O LATE M. CHUBATHUNG KIKON, R/O JASOKIE COLONY, BURMA CAMP, DIMAPUR, 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 PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT 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 WOKHA NAGALAND Advocate for the Petitioner : ALEMWAPANG AO, SHISA JAMIR,M ANYEI,Y S PHOM Advocate for the Respondent : GOVT ADV NL, Page No.# 2/7 BEFORE HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 29-09-2026 Heard Ms. Shisa Jamir, learned counsel for the petitioner. Also heard Mr. M. Longkumer, learned Government Advocate appearing for the State respondents. 2. The petitioner, in the present writ petition, has prayed for a direction upon the respondent authorities for consideration of his case for appointment on compassionate grounds after the death of his father in harness had occasioned on 20/06/2024. 3. The father of the petitioner was initially appointed as a Voluntary Worker in the establishment of the Civil Surgeon, Wokha, Nagaland in the year 1998. The father of the petitioner, thereafter, continued to discharge his duties in such capacity. However, he died in harness on 20/06/2024. The petitioner, thereafter, submitted an application on 15/12/2024, before the Principal Director, Health & Family Welfare, Kohima, Nagaland, praying for consideration of his case for appointment on compassionate grounds against a post commensurating to his educational qualification. The said application of the petitioner was forwarded by the Chief Medical Officer, Wokha, Nagaland, to the Principal Director, Directorate of Health and Family Welfare, Nagaland, and therein, had projected that the petitioner's case be considered for appointment on compassionate grounds as it can help five children who are orphans, i.e, the petitioner and his siblings, to lead a normal life. 4. It is also projected that both the parents of the petitioner had Page No.# 3/7 passed on and the petitioner had the responsibility of looking after the welfare of his four siblings. A delay having occasioned, in consideration of the application submitted by the petitioner, for appointment on compassionate grounds, the petitioner has instituted the present writ petition. 5. Ms. Shisa Jamir, learned counsel for the petitioner, after reiterating the facts noticed, hereinabove, has submitted that in terms of the scheme for appointment on compassionate grounds, notified vide the Office Memorandum dated 17/09/2015, vacancies in Group C and Group D posts, recruitment of which is to be effected by way of direct recruitment, 50% thereof, is permissible to be so filled up by way of appointment on compassionate grounds. 6. Ms. Jamir further submits that the entitlement of the petitioner for being considered for appointment on compassionate ground is not disputed by the respondent authorities, and the respondent authorities, in pursuance to the processing of the application submitted by the petitioner, have incorporated his name at Serial No. 5 in the district-wise list prepared for Wokha district, of applicants praying for consideration of their cases for appointment on compassionate grounds. 7. Ms. Jamir has further submitted that the respondent authorities had projected in the affidavit filed that there being no vacant post available, the case of the petitioner for appointment on compassionate grounds was not considered and such consideration shall stand extended to him as and when a clear sanctioned vacant post becomes available for the purpose. 8. Ms. Jamir submits that in terms of the information received by Page No.# 4/7 the petitioner, invoking the provisions of the Right to Information Act 2005, it is seen that as on date there are more than 17 vacant posts in Grade-IV cadre and on appointment being effected against 50% of such vacancies, on compassionate grounds, the case of the petitioner can be favourably considered for such appointment by the respondents. She submits that further two vacancies would arise within the month of December 2026 in the Grade-IV cadre and accordingly, she submits that the plea of the respondents about the non-availability of a vacant sanctioned post for the purpose of considering the case of the petitioner for appointment on compassionate grounds to be clearly perverse. 9. Accordingly, in the above premises, Ms. Jamir submits that considering the financial condition of the family of the petitioner, which has been recognized by even by the departmental authorities, a direction be issued to the respondents towards extending a consideration to the petitioner, for his appointment on compassionate grounds. 10. Mr. M. Longkumer, learned Government Advocate appearing for the State respondents, has submitted that the respondents on a scrutiny of the application submitted by the petitioner, had on finding him to satisfy the requisite eligibility criteria for appointment on compassionate grounds, had included his name in the list prepared for Wokha district. He submits that the case of the petitioner would be given its due consideration as and when a vacant sanctioned post for the purpose becomes available in terms of the provisions of the Office Memorandum dated 17/09/2015 read with the Addendum dated 09/04/2019. Page No.# 5/7 11. I have heard the learned counsel for the parties and perused the material available on record. 12. It is not disputed by the respondent authorities that the petitioner, is entitled to have his case considered for appointment under compassionate grounds. 13. The scheme for appointment on compassionate grounds as notified for the by the Government of State Government of Nagaland vide Office Memorandum dated 16/01/2012 was subsequently revised, vide Office Memorandum dated 17/09/2015. 14. In terms of the revised scheme of for appointment on compassionate grounds, such appointment shall be made to the post falling under the combined direct recruitment quota of Group C or Group D posts. Further, such compassionate appointment is permissible to be effected against 50% of the vacancies in Group C or Group D as the case may be, arising during a year. 15. It is a settled position of law that the object of granting appointment on compassionate ground to a family member of a deceased government servant, is to enable the family to tide over the sudden crisis occasioning on account of the premature death of the government servant. It is the immediacy of the need which furnishes the basis for the State to allow the benefit of compassionate appointment. Considering the intent and purport of formulating a scheme for effecting appointments on compassionate grounds, the appointment is to be so effected proximate to the death of the government servant as delay occasioning in effecting such appointment would defeat the purpose for which such scheme is formulated. Page No.# 6/7 16. Having noticed the intent and purport of a scheme for appointment on compassionate grounds, this Court would now examine the contentions raised by the parties to the proceedings. While the respondents have contended that the case of the petitioner would be considered on a vacant sanctioned post becoming available in the establishment concerned, the petitioner has brought on record information received through the RTI Act, 2005, from which it is revealed that there are enough vacancies available for effecting appointment on compassionate grounds to persons included in the list of such applicants prepared for Wokha district. 17. A perusal of the RTI reply received by the petitioner, which has been enclosed to the affidavit-in-reply filed by the petitioner, in the matter, this Court finds that as on date there are at least 17 vacant posts in the Grade IV cadre. Applying the provisions of the Office Memorandum dated 17/09/2015 to the facts of the present case, it is found that 50% of the available vacancies being permissible to be reckoned for effecting appointment on compassionate grounds, 17 posts being available, at least 8 posts, thereof, are required to be so filled up by accommodating eligible candidates against them on compassionate grounds. The petitioner is placed at Serial No. 5 of the list of candidates who were found eligible for appointment on compassionate grounds. Accordingly, 8 vacancies being available as on date for appointment on compassionate grounds, the petitioner, herein, would be entitled for such appointment, he already being shortlisted for the same. The materials placed on record also reveal that the family of the petitioner is in dire need for one of the members of the family to be appointed so as to sustain themselves. Page No.# 7/7 18. Accordingly, this Court is of the considered view that the claim made by the petitioner, in the facts and circumstances of the case, would mandate an expeditious consideration by the respondent authorities. 19. In view of the above discussion, vacancies being available, the respondent authorities are directed to apply the provisions of the Office Memorandum dated 17/09/2015, more particularly provisions of Clause 4 thereof, to the vacancies so available and to consider the case of the petitioner for appointment on compassionate grounds against any of the posts so available in Wokha district, in the establishment concerned. Such consideration be extended to the petitioner within a period of 2(two) months from the date of receipt of a certified copy of this order. The decision as arrived at in the matter by the respondents upon considering the case of the petitioner for appointment on compassionate grounds be communicated to the petitioner within the time frame set out, hereinabove. 20. With the above observations and directions, the present writ petition stands disposed of. Sd/- JUDGE Comparing Assistant