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 Committee till further orders from 01.06.2008 to 30.11.2008 vide order dated 28.05.2008. The petitioner, thereupon filed applications for extension of his services but to the dismay of the petitioner, in spite of various requests being made, his services were not extended. At this stage, it may be relevant herein to mention that in the OM dated 17.09.2015, the policy of the Government of Nagaland in respect of the Compassionate Appointment Scheme for State Government Employees who died in harness is stipulated. On perusal of the said scheme reveals that the appointment on compassionate ground shall be given only to one of the family of the deceased that is the spouse or son or daughter only. Clause 3, 4, 7 and 8 of the OM being relevant are quoted herein below:-

“3. Appointment on compassionate grounds shall be made only on a regular basis to direct recruitment posts and only if regular vacancies meant for that purpose are available in that Department where the deceased Government employee was serving. Applicants shall have no claim to appointment under this scheme in any other Department other than the Department where the deceased employee was serving. However, for the NCS officers, the appointment may be considered under the establishment of the Commissioner, Nagaland, or the Nagaland Civil Secretariat.

4. Compassionate appointments may be made to the posts falling under the combined direct recruitment quota of Group C or D. The ceiling for compassionate appointments of 5% of the direct recruitment vacancies in Group C and Group D posts has been done away with provided such appointments do not exceed 50% of the vacancies during a year. The appointment against posts for direct recruitment in Group C should be in the entry grade only. Further, appointment against any post for direct recruitment in Group C should be limited to those posts which are outside the purview of NPSC for recruitment.

7. Applicants under this scheme should be eligible and qualified for the posts in all respects under the provisions of the relevant Recruitment Rules. No relaxation in eligibility will be made in any circumstance, except to the extent provided under this scheme. Date of joining by a person appointed under this scheme shall be treated as the date of his/her regular appointment. All Departments shall maintain a waiting list in chronological order for compassionate appointments. An applicant will be given the waiting list number on receipt of the application, if there are no regular posts available.

8. The upper age limit of applicants under this scheme may be relaxed in exceptional cases up to a maximum of 5 years in addition to existing relaxation, if any. The lower age limit shall, however, in no case be relaxed below 18 years of age.”

3. From a conjoint reading of the C