JUDGMENT :

1. In this writ petition, under Article 226 of the Constitution of India, the petitioner - Shri Moaakum Pongen has prayed for issuing direction to the respondent authorities to consider his application for appointment on compassionate ground in terms of Addendum, dated 09.04.2019 and in terms of the Office Memorandum No. AR-8/8/78, dated 17.09.2015 issued by the Government of Nagaland, Personnel and Administrative Reforms Department (Administrative Reforms Branch), Kohima, Nagaland.

2. The factual background leading to filing of the present petition is briefly stated as under:

“The father of the petitioner - Lt. Mayangneken was serving as Mechanic (Grade-III) in the Department of Public Health Engineering Department Sub-Division, No. II, Mokokchung, Nagaland. And while serving in the same capacity, he died in harness on 14.03.2016, leaving behind the petitioner, his mother and his elder sister. The petitioner’s father was holding a regular post at the time of his demise and as such, the family was granted the family pension. But, none of the family members of the petitioner was holding any post in the State Government, and they have no means of livelihood. The petitioner, being eligible for Group-‘C’ post in terms of Office Memorandum, dated 17.09.2015, filed an application to the Department for appointment on compassionate ground on the subject “Revised Appointment Scheme for State Government employees who died in harness”, to appoint him to any post of Group-‘C’. But, since filing of the petition more than 4 years, elapsed. His application has not yet been considered by the respondent authorities. The petitioner has filed one RTI application in the Department, and as per the information furnished, the respondent authorities had appointed 11 persons, on compassionate ground, from the year, 2016 till 2020, and they have also appointed 229 persons in Grade-III & IV posts against vacant posts during the aforementioned period without following the reservation policy of 50% for compassionate appointment in terms of the Office Memorandum, as stated above”.

3. Being highly aggrieved, the petitioner approached this Court by filing the present petition seeking appropriate relief.

4. The respondent Nos. 2, 3 & 4 have filed their affidavit-in-opposition stating that the application of the petitioner was received by the Department on 29.06.2016, and accordingly, the same was included in the list of compassionate appointment applicants, and as per the latest list, the petitioner is still in Serial No. 10, after rectification. It is also stated that the compassionate appointment was made in a chronological order and since there are other applicants above the petitioner, the application of the petitioner could not considered till date. However, the same will be considered when his turn will come.

5. Heard Mr. Moa Jamir, learned counsel for the petitioner, and also heard Ms. Supongmenla Chang, learned Govt. Advocate representing the State respondents.

6. Mr. Jamir, the learned counsel for the petitioner, submits that the father of the petitioner died in harness on 14.03.2016, and immediately thereafter, the petitioner filed one representation for being appointed on compassionate ground in Group-‘C’ post. But, despite lapse of about 6 years, his representation has not been considered by the respondent authorities. Mr. Jamir, further, submits that this Court vide order, dated 21.04.2022, has directed the learned Govt. Advocate, Nagaland, for production of vacancy position in the Department under Group ‘C’ & ‘D’ posts and accordingly, the learned Govt. Advocate has produced the vacancy position before this Court and as per the said list, 13 incumbents of Group ‘C’ & ‘D’ posts, will arise on account of retirement of the incumbents from June, 2022 till September, 2022 and as such, the respondent authorities may be directed to appoint the petitioner in any of the vacancy, which will be arising during the aforesaid period. Referring to