1. Writ petition seeking compassionate appointment after father died in harness while working as a Driver under State Government. (Para 2 , 3 , 4 , 5 , 6 )
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2026 Supreme(Gau) 1655
THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KOHIMA BENCH
MANISH CHOUDHURY, J.
Shri. Kokliba M. Sangtam, S/o Lt. Y. Moatemsu – Petitioner
Versus
The State of Nagaland, represented by the Chief Secretary to the Government of Nagaland, Kohima – Respondent
WP(C)/246 of 2025
Decided On : 07-09-2026
Advocates Appeared:
For the Petitioner:Mr. Tongpok Pongener, Advocate
For the Respondents:Mr. Ajungli Sangtam, Junior Government Advocate, Nagaland, Ms. Apila Sangtam, Standing Counsel, Department of Social Service, Government of Nagaland
For the Petitioner:Mr. Tongpok Pongener, Advocate
For the Respondents:Mr. Ajungli Sangtam, Junior Government Advocate, Nagaland, Ms. Apila Sangtam, Standing Counsel, Department of Social Service, Government of Nagaland
The issuance of a Pension Payment Order (PPO) and payment of family pension by the State Government confirms the status of the deceased as a Government servant, thereby making their dependents eligible for consideration for compassionate appointment under the relevant State policy.
Headnote:(A) Compassionate Appointment - Eligibility - Status of Government Servant - The issuance of a Pension Payment Order (PPO) by the Accountant General and the payment of family pension debitable to the State Government establishes the status of the deceased as a Government servant, overriding claims that the employee was appointed only under a Centrally Sponsored Scheme. (Para 10, 12)
(B) Administrative Policy - Application of Scheme - Where a deceased employee is recognized as a Government servant, the dependents are entitled to be considered for appointment on compassionate grounds as per the applicable State policy, provided they fulfill the eligibility criteria. (Para 12, 14)
Issues: Whether the petitioner is eligible for consideration for appointment on compassionate grounds given the status of his deceased father as a Government servant.
Legal Category Hierarchy
Table of Contents
2. Petitioner claimed eligibility under state policy. Respondents argued father was not a government servant under ICDS Scheme and post was not funded. (Para 5 , 6 , 7 , 8 , 9 )
3. Pension Payment Order confirmed deceased was a Government servant. Respondents' contrary claim was not sustainable. (Para 10 , 12 , 13 )
4. A deceased employee recognized as a Government servant for pension is eligible for compassionate appointment consideration under state policy. (Para 12 , 14 )
5. Petition disposed. Directed respondents to consider petitioner's appointment on compassionate ground as per seniority in waiting list and policy. (Para 14 )
6. What is the eligibility for compassionate appointment under the state policy?
Compassionate appointment is available to a family member of a deceased State Government employee who died-in-harness and was serving on a regular basis. (Para 11 )
7. Does recognition as a Government servant for family pension eligibility affect compassionate appointment claims?
Yes. If the deceased was treated as a Government servant for family pension purposes, the state cannot claim he was not a government servant for compassionate appointment eligibility. (Para 10 , 12 )
8. Does the nature of the post (ICDS Scheme) bar compassionate appointment if the employee was a government servant?
No. The court distinguished a prior case where the deceased was not a state government employee, unlike the present case where the deceased was recognized as one. (Para 13 )
JUDGMENT :
MANISH CHOUDHURY, J.
Heard Mr. Tongpok Pongener, learned counsel for the petitioner; Mr.Ajungli Sangtam, learned Junior Government Advocate, Nagaland for the respondent no. 1; and Ms. Apila Sangtam, learned Standing Counsel, Department of Social Service, Government of Nagaland, for the respondent nos. 2 - 4.
2. The petitioner has approached this Court by the present writ petition under Article 226 of the Constitution of India seeking inter alia a direction to the respondent authorities to consider the application of the petitioner for his appointment on compassionate ground in terms of the State Government’s policy notified vide Office Memorandum dated 17.09.2015 of the Personnel and Administrative Reforms Department, Government of Nagaland.
3. It is stated that the petitioner’s father, Y. Moatemsu came to be appointed in the post of Driver in the office of the Child Development Project Officer [CDPO], Longkhim by an Order of Appointment dated 08.10.1990. As per the Order of Appointment, the petitioner’s father was appointed in the post of Driver, which carried a Scale of Pay : Rs. 425-9- 542-12-EB-14-670-18-730/- per month along with other allowances as applicable under the law. The Order of Appointment was issued under the hand of the Director of Social Security and Welfare, Nagaland.
4. Pursuant to the Order of Appointment, the petitioner’s father, Y. Moatemsu joined in the post of Driver and continued to serve in the said post of driver till he died-in-harness on 04.03.2020, leaving behind his wife, a son [the petitioner] and a daughter, as his legal heirs.
5. The petitioner has stated that as all the heirs of Late Y. Moatemsu were dependent upon Late Y. Moatemsu, as he was the only breadearner in the family and the family had faced sudden crisis due to the death of the sole breadearner. Immediately after the death of his father, the petitioner submitted an application on 05.03.2020 to the Director, Social Welfare Department, Nagalang through the District Programme Officer [ICDS], Tuensang, who, in turn, had forwarded the petitioner’s application to the Director, Department of Social Welfare, Nagaland on 05.03.2020. In the Office Letter dated 05.03.2020, the District Programme Officer [ICDS], Tuensang had mentioned that in view of death of Late Y. Moatemsu, who was serving as a Driver at Longkhim, the post was left vacant. Thereafter, on 03.04.2021, the Office of the Director, Directorate of Social Welfare Department, Nagaland wrote back to the District Programme Officer [ICDS], Tuensang stating that the Ministry of Women & Child Development, Government of India had discontinued to appoint Drivers in all the ICDS projects all over the country and the said issue had been conveyed vide an Order dated 23.11.2017. It was further informed that until the order regarding appointment of Drivers was not recalled by the Ministry of Women & Child Development, Government of India, the Department of Social Welfare, Nagaland would not be in a position to decide in the matter of appointment of Driver.
6. Pursuant to the aforesaid Communication dated 03.03.2021, the petitioner submitted a Representation before the Director, Department of Social Welfare in April, 2022 seeking consideration of his appointment on compassionate ground in terms of the policy of the State Government, as notified by the Office Memorandum dated 17.09.2015 read with Addendum dated 09.04.2019.
7. The respondent nos. 2 - 4 have filed an affidavit-in-opposition wherein it is averred that on receipt of the application dated 05.03.2020 from the petitioner seeking his appointment on compassionate ground, the petitioner’s name was considered and included in the Waiting List of applicants for the post of Multi Tasking Staff [MTS], as on 31.03.2026. It is further stated that the post of Driver wherein deceased father of the petitioner, Late Y. Moatemsu was appointed and working, was under the establishment of the erstwhile Directorate of Social Security and Welfare, Nag
