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DEVASHIS BARUAH
T. BANOK @ T. BAUAOK, S/O LT. SHRI. TAULONG PHOM – Appellant
Versus
STATE OF NAGALAND – Respondent
JUDGMENT :
Heard Mr. Tongpok Pongener, learned counsel for the petitioner and Mr. Moa Imchen, learned Senior Government Advocate appearing on behalf of the respondent Nos. 1 to 4 and Mr. N K Luikham, learned counsel appears on behalf of respondent No.5.
2. This is an application under Article 226 of the Constitution of India challenging the communication letter No.IPR/EST-1/2013(Vol-I)/360 dated 25.10.2019 and the order dated 29.10.2019, whereby the respondent No. 5 was appointed to the post of Chowkidar in the Office of the District Public Relations Officer, Longleng, Nagaland. The brief facts of the instant case is that the petitioner’s father late Mr. L Taulong Phom died in harness on 17.03.2008 while rendering service as Office Peon under the establishment of the SDIO, Longleng leaving behind the petitioner and his unemployed mother. The petitioner, after the death of his father, submitted an application for appointment on compassionate ground against the vacancy created by the demise of his father but the Department appointed a landowner candidate against the said vacancy. The petitioner was, however, appointed to the post of Sweeper on fixed pay as per the decision of the Commi
The State must comply with court orders regarding compassionate appointments, and cannot disregard judicial decisions based on non-indigenous status or qualifications without proper legal grounds.
Landowner employment rights are limited to the original appointee and do not extend to descendants, as per government policy.
The appointment of a public servant based on land ownership is valid if made prior to the enactment of a policy limiting such appointments, which does not have retrospective effect.
The main legal point established in the judgment is the application of principles of seniority, regularisation of ad-hoc appointments, and the constitutional provisions of Article 14, 16, and 21 in r....
Compassionate appointment is an exception and a concession, not a right, and should be made strictly in accordance with the rules. Long delays can lead to the rejection of compassionate appointments.
Compassionate appointment should be provided immediately to redeem the family in distress, and it cannot be claimed or offered after a lapse of time and after the crisis is over.
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