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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
SOUMITRA SAIKIA
M. Papan khiamniungan – Appellant
Versus
State Of Nagaland – Respondent
| Table of Content |
|---|
| 1. petitioner's claim for compassionate appointment. (Para 2) |
| 2. eligibility criteria for compassionate appointments. (Para 3 , 4 , 5) |
| 3. court's analysis of compassionate appointment schemes. (Para 6 , 12) |
| 4. previous court directions on petitioner's application. (Para 7 , 8 , 9 , 10) |
| 5. interpretation of applicability of compassionate schemes. (Para 11) |
| 6. non-compliance with court orders. (Para 13) |
| 7. court's order to allow the petitioner's claim. (Para 14) |
JUDGMENT :
SOUMITRA SAIKIA, J.
Heard Mr. I. Imti Longchar, learned counsel for the petitioner. Also heard Mr. M. Longkumer, learned Junior Government Advocate, Nagaland for the respondents no. 1 to 6 and Mr. I. Jamir, learned counsel for the respondent no.7.
2. This writ petition has been filed by the petitioner seeking appointment as a constable on compassionate grounds. The facts presented before this Court are that the elder brother of the present petitioner, namely, Sengnya Khim @ Senya Khim, who was working as a Constable No.53943 under “F Coy 5th Nagaland Armed Police, Phek, met with an accident while on duty and succumbed to his injuries on 10.11.2009 in the hospital. Pursuant to his demised, the petitioner, bein
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....
The main legal point established in the judgment is the interpretation of the policy regarding compassionate appointment and the applicability of subsequent amendments to the case of the petitioner.
(1) Every appointment to a post or service must be made strictly by adhering to mandate of Articles 14 and 16 of Constitution.(2) Appointment on compassionate grounds is not automatic, but subject to....
Compassionate appointment is an exception and not a matter of right, and should be considered within a specific time frame as per the prevailing policy at the time of consideration.
The main legal point established in the judgment is that the scheme prevalent at the time of the death of the employee shall be the basis for considering the application for compassionate appointment....
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