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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
KAUSHIK GOSWAMI, J.
Mohammed Abdul Hafiz Choudhury S/O Late Md.Abdul Rahim Choudhury – Appellant
Versus
The State Of Nagaland And 4 Ors – Respondent
WP(C) 141 of 2020
Decided on : 12-11-2024
(A) Constitution of India - Article 226 - Compassionate appointment - Petitioner sought appointment on compassionate grounds following the death of his father in service - Previous judgments directed appointment, but respondents failed to comply - Court reiterated the need for adherence to its orders and directed compliance within two months - Non-indigenous status and lack of technical qualifications cited as reasons for non-appointment, but previous court orders established entitlement. (Paras 4, 12, 20, 28, 30)
(B) Contempt of Court - Non-compliance with court orders - State authorities failed to implement clear directions regarding compassionate appointment, leading to repeated petitions by the petitioner - Court emphasized that the State cannot disregard judicial orders without appeal or review. (Paras 21, 26)
Facts of the case:
The petitioner applied for compassionate appointment after his father's death in service in 2008. Despite multiple court orders affirming his eligibility, the respondents did not appoint him, citing his non-indigenous status and lack of technical qualifications.
Findings of Court:
The court found that the respondents had failed to comply with its previous orders and directed them to appoint the petitioner within two months.
Issues: The main issues were the eligibility of the petitioner for compassionate appointment and the failure of the State to comply with court orders.
Ratio Decidendi: The court ruled that the State must comply with its orders unless set aside or reversed, and that the petitioner was entitled to appointment under the compassionate scheme.
Result: Writ petition allowed.
JUDGMENT :
Heard Mr. Moa Jamir, learned counsel assisted by Ms. Shisa Jamir, learned counsel for the petitioner. Also heard Ms. Pichano, learned Government Advocate for the State respondents.
2] By way of this petition under Article 226 of the Constitution of India, the petitioner is seeking direction to appoint the petitioner to any Group “C” post on compassionate ground in terms of the Office Memorandum dated 17.09.2015 and is further seeking setting aside and quashing of the letter dated 16.08.2021 issued by the Deputy Inspector General of Police (Headquarter), Nagaland, Kohima.
3] The facts of the case is that the petitioner’s father late Md. Abdul Rahim Choudhury, who was serving as NPTO Naik under DEF, Mokokchung, Nagaland attached to Police Control Room, Kohima expired on 12.01.2008, while on service leaving behind the petitioner, petitioner’s mother and four daughters. The petitioner being eligible to be considered for appointment to either Group “C” or Group “D” in terms of Office Memorandum dated 17.09.2015, by application dated February, 2008 applied for appointment on compassionate ground. Since the aforesaid application of the petitioner was not attended to by the respondents, reminders were also issued by letters dated 09.05.2013 and 17.06.2013. Despite repeated request since the application for appointment of the petitioner on compassionate ground was not attended to, the petitioner approached this Court by filing WP(C) No. 34(K) of 2017.
4] Pertinent that by Judgment and Order dated 06.04.2017, the aforesaid writ petition was disposed of by this Court. The relevant portion of the aforesaid Judgment and Order is reproduced hereunder for ready reference:-
5] Despite this Court having found the petitioner to be entitled to be appointed in the Department where his father served and died in harness, and having directed the respondents to appoint the petitioner in any job to which he is eligible or suitable as per the scheme applicable as on that date, the respondent authorities did not comply with the aforesaid direction/writ issued by this Court for which the petitioner had to approach this Court for the second time by filing writ petition being WP(C) No. 291(K) of 2017, which was disposed of by Judgment and Order dated 16.08.2018. The relevant portion of the aforesaid Judgment and Order is reproduced hereunder for ready reference:-
In view of the submission of Mr. Supongwati and the contents of the letter of Assistant Inspector General of Police (Admn.), Government of Nagaland and the submission of Mr. V. Zhimomi, learned Government Advocate, I am of the considered view that the petitioner is eligible for appointment under compassionate ground under the die in harness scheme. Therefore, the respondents are directed to appoint him to one of the vacant post of Constable indicated in the letter if it falls under the quota of compassionate appointment and if not appoint him as soon as vacancy arises for that category".
6] Despite the aforesaid clear direction of this Court, the respondents once again was sitting silent ove
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.
The main legal point established in the judgment is the application of OM dtd. 1/6/2015 in compassionate appointment cases, specifically the time limit for considering pending applications and the im....
Compassionate appointment is a benevolent scheme aimed at providing immediate financial relief to the family of a deceased government employee, and the requirement of being a 'local candidate' should....
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 claims should be considered based on the scheme in force at the time of the employee's death, and prior court orders must be complied with, regardless of subsequent policy c....
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