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KAUSHIK GOSWAMI
Mohammed Abdul Hafiz Choudhury S/O Late Md. Abdul Rahim Choudhury – Appellant
Versus
State Of Nagaland – Respondent
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 respond
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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