A claimant for compassionate appointment cannot dictate the specific post they receive; the appointing authority must consider the applicant's educational qualifications to determine the appropriate post (Group-C or Group-D) available within the prescribed quota.

ORDER

1. Heard Ms. Anungla Lkr, learned counsel for the petitioner. Also heard Mr. M. Longkumer, learned Government Advocate appearing for the State respondents.

2. The petitioner by way of instituting the present proceedings has prayed for a direction upon the respondent authorities to consider her case for appointment on compassionate grounds against any available vacancy commensurating to her educational qualification.

3. The father of the petitioner, Semerdangba while working as a chowkidar in the establishment of the Medical Superintendent, Dr. Imkongliba Memorial District Hospital Mokokchung, died in harness on 17.09.2022. The petitioner thereafter, submitted an application for consideration of her case for appointment on compassionate grounds. The application submitted by the petitioner along with application submitted by wards of other employees who had died in harness, were forwarded by the Principal Director, Directorate of Health & Family Welfare, Nagaland, Kohima vide communication dated 25.05.2023, to the Government of Nagaland in the Department of Health & Family Welfare. The application submitted by the petitioner not being considered in terms of scheme for appointment of compassionate grounds in the State, the petitioner has instituted the present writ petition.

4. The learned counsel for the petitioner by reiterating the facts noticed hereinabove, has submitted that although the petitioner had promptly submitted her application for consideration of her case for appointment on compassionate grounds in pursuance to the death of her father, who was a Government servant, in harness, the application submitted by the petitioner was not taken up for due consideration and the delay occasioning has caused innumerably difficulties to the petitioner as well as her family members in meeting their day to day needs. The learned counsel for the petitioner has further submitted that non in the family of the petitioner holds any post under the Government and accordingly, the claim made by the petitioner for appointment on compassionate grounds would mandate an early consideration.

5. Per contra, Mr. M. Longkumer, learned Government Advocate appearing for the respondents have submitted that in terms of the scheme for appointment on compassionate grounds invoked in the State, the name of the petitioner has been included in the wait list of claimants for appointment on compassionate grounds and her name presently figures at Sl. No. 5 of the said list. It is projected that there being no Grade-IV vacant post available, the case of the petitioner and other persons placed above her in the wait list could not be considered. It is projected that the case of the petitioner would be given its due consideration on her turn, subject to availability of a suitable vacancy, commensurating to her educational qualification.

6. I have heard the learned counsel for the parties and also perused the materials available on record.

7. The petitioner in the writ petition has projected that she possess a Graduate qualification of B.A(Bachelor of Arts) degree and had promptly submitted her application proximate to the time of death of her father in harness. The scheme for appointment on compassionate grounds was notified vide Office Memorandum dated 17.09.2015 and in accordance with the said scheme a dependent daughter is also entitled to have her case consider for appointment on compassionate grounds. The scheme limits the consideration for appointment on compassionate grounds to the Department where the deceased Government employee was so serving. Such consideration is so requi