KILANGSANGLA HOKIYONG WARD Vs. STATE OF NAGALAND

JUDGEMENT

(1.) This is a writ petition filed under 226 of the Constitution of India for issuance of a writ in the nature of mandamus/certiorari whichever is appropriate for a direction to protect the fundamental right of the petitioner as enshrined in Part-III of the Constitution specifically under Article 14, 16 and 21.

(2.) The case of the petitioner is that her late father Imdongchujang died in harness on 02.11.2011 while serving as S.A.A. (Grade-III non gazette post) under CDPO Office Mokokchung. The petitioner herein has filed an application dated 17.11.2011 before the Director of Social Welfare, Nagaland, Kohima for considering her case for appointment on compassionate ground. There was no response from the State respondents. Thereafter, another representation was filed on 26.09.2018 before the Director of Social Welfare, Nagaland, Kohima. However, again the State respondents did not take any steps.

(3.) Being aggrieved, the petitioner filed a writ petition as W.P. (C) No. 30 (K) of 2019, this Court by order dated 28.03.2019 had disposed of the said writ petition with a direction that the State respondents should consider the representation filed by the petitioner on the previous occasion in conformity with the Office Memorandum dated 17.09.2015 concerning the scheme of compassionate appointment that is in existence in the State. The petitioner approached the respondents with a copy of the order passed by this Court and filed a representation. However, the petitioner was again denied appointment on the ground that she was not qualified to be appointed as Grade-III employee which has the requisite qualification of Graduate for employment and for appointment to the post of Grade-IV, it was informed by the concerned department that the Ministry of Women and Child Development by letter dated 23.11.2017, all Grade-IV appointment has been phased out. The same information was communicated by the Department under letter No.SW/CR-85/2019-210 dated 11.06.2019. The petitioner being so placed was of the view that as and when vacancy arose she would be considered for appointment under the compassionate appointment scheme for the State Government employee who die in harness in any other wing of the Social Welfare Department. The petitioner having received this negative reply from the State respondents has no option but to come again before this Court in a fresh writ petition.