Compassionate appointment is governed by the specific scheme in vogue, where candidates are considered based on their seniority in a list prepared according to the date of death of the employee, subject to the availability of vacancies within the prescribed quota.

ORDER

1. Heard Mr. Laknyei Phom, learned counsel for the petitioner. Also heard Mr. Ajungli Sangtam, learned Government Advocate for the State respondents.

2. The petitioner by way of instituting the present writ petition has prayed for a direction upon the respondent authorities for consideration of her case for appointment on compassionate ground, in accordance with the scheme for appointment on compassionate grounds in vogue in the State.

3. The father of the petitioner Shri. C. Honka Konyak, while working as a Surveillance Worker, in the establishment of Chief Medical Officer (CMO), Mon, Nagaland, had died in harness on 16.09.2024. The petitioner, thereafter, submitted a representation dated 20.09.2024, praying for consideration of her case for appointment on compassionate grounds. The case of the petitioner not being considered by the concerned authorities for appointment on compassionate grounds, the petitioner has instituted the present writ petition.

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

5. The learned counsel for the parties have submitted that the consideration required to be extended to a applicant for appointment on compassionate grounds is required to be so extended in terms of the provisions of a Office Memorandum dated 17.09.2015, read with an Addendum dated 09.04.2019. It is not disputed that the father of the petitioner was a regular government servant and had died in harness on 16.09.2024. It is also not disputed that proximate to the time of death of her father, the petitioner had submitted an application for consideration of her case for appointment on compassionate grounds.

6. In terms of the scheme as brought into effect vide the Office Memorandum dated 17.09.2015, appointment on compassionate ground is permissible to be made against Group-C and Group-D post and such appointments is permissible to be made to the extent of 50% of the vacancies arising in the said cadres during a year. The scheme also provides that on receipt of the applications from the claimants for appointment on compassionate grounds, the same is to be compiled and a list prepared by placing the claimants therein, by reckoning the date of death of the government servant, involved.

7. The learned counsel for the respondent on instructions has submitted that presently 2 (two) vacancies are available within the quota mandated for appointment on compassionate grounds. Accordingly, he submits that the claimants for such appointment in the Department, would be considered in terms of their placement in the list so complied in the matter. It is also projected that the name of the petitioner, herein, is placed at Sl. No. 8 of the said list and her case would also be considered as and when her turn so comes, considering the availability of the vacant posts.

8. In the present proceedings, the petitioner has not assailed the Office Memorandum dated 17.09.2015, read with the Addendum dated 09.04.2019. Accordingly, the case of the petitioner would now be required to be considered strictly in accordance with the scheme brought into operation in this connection, vide the said Office Memorandum dated 17.09.2015.

9. In view of the above position, the respondent authorities are directed to consider the case of the petitioner for appointment on compassionate grounds against a vacant post commensurating to her