Page No.# 1/4 GAHC020006462025 2026:GAU-NL:39 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/200/2025 SMTI ATOLI D/O STOVI, HAMLIKONG VILLAGE, DIST- LONGLENG, NAGALAND VERSUS STATE OF NAGALAND AND 3 ORS REPRESENTED BY THE CHIEF SECRETARY, GOVT. OF NAGALAND, KOHIMA 2:THE COMMISSIONER AND SECRETARY HEALTH AND FAMILY WELFARE NGALAND KOHIMA 3:THE PRINCIPAL DIRECTOR HEALTRH AND FAMILY WELFARE NAGALAND KOHIMA 4:THE MEDICAL SUPERINTENDENT DISTRICT HOSPITAL LONGLENG NAGALAN Advocate for the Petitioner : LAKNYEI PHOM, REBECCA,KETI IMCHEN,KIM PIENYU Advocate for the Respondent : GOVT ADV NL, Page No.# 2/4 BEFORE HON'BLE MR. JUSTICE UNNI KRISHNAN NAIR ORDER Date : 05-02-2026 Heard Mr. Laknyei Phom, learned counsel for the petitioner. Also heard Mr. Y. Ajungli Sangtam, learned Government Advocate appearing for all the respondents. 2. The petitioner in the present proceeding has prayed for a direction upon the respondent authorities to consider her case for appointment on compassionate grounds under the establishment of the Directorate of Health & Family Welfare, Government of Nagaland in terms of the scheme for compassionate appointment, holding the field. 3. The husband of the petitioner, Late Noklang Angh while working as a Driver under the establishment of the Directorate of Health & Family Welfare, Government of Nagaland, died in harness on 21.05.2022. The petitioner in pursuance to the death of her husband, approached the respondent authorities by way of submitting an application praying for consideration of her case for appointment on compassionate grounds. The application as submitted by the petitioner having not resulted in an order of appointment issued to her, appointing her on compassionate grounds, the petitioner preferred an RTI application seeking information from the respondent authorities. In response to the said Page No.# 3/4 RTI application, the petitioner was informed that her application was considered and her name was placed at Serial No. 1 in the list of applicants belonging to Longleng district, who had submitted applications praying for appointment on compassionate grounds. The said RTI reply is brought on record in the present writ petition. 4. I have heard the learned counsel for the parties and also perused the materials available on record. 5. The petitioner herein in pursuance to the death of her husband on 21.05.2022, had submitted her application for appointment on compassionate grounds. Her application is found to have been processed and the name of the petitioner is placed at Serial No. 1 amongst the applicants applying for appointment on compassionate grounds under Longleng district. 6. The Government of Nagaland vide Office Memorandum dated 17.09.2015 had notified the revised compassionate appointment scheme for the State government employees, who died in harness. The said scheme is said to be holding the field as on date. The petitioner being the spouse of the deceased Government servant, her case is required to be extended with a consideration for appointment on compassionate grounds in terms of the scheme now brought into operation vide the Office Memorandum dated 17.09.2015. The claim for appointment on compassionate grounds is required to be expeditiously considered. It is to be noted that earlier under the provision of the scheme notified vide Office Memorandum Page No.# 4/4 dated 16.01.2012, the appointment on compassionate grounds was limited to 5 % of the direct recruitment vacancies in Grade-C and Grade- D posts. However, by the Office Memorandum dated 17.09.2015, the said ceiling has been removed and it is now stipulated that such appointments would be permissible to be made to the extent of 50 % of the vacancies arising during the year. 7. In view of the above position, and the petitioner being the spouse of the late deceased Government servant, her case is found to be covered by the provision of the Office Memorandum dated 17.09.2015. Accordingly, the respondent authorities are directed to consider the claim of the petitioner for appointment on compassionate grounds expeditiously. 8. In the event the case of the petitioner is found not to be entitled for appointment on compassionate grounds, the respondent authorities within a period of 3 (three) months from the date of receipt of a certified copy of this order shall inform the petitioner about the reasons existing which had led to rejection of her claim for appointment on compassionate grounds, by way of issuance of a speaking order. 9. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant