T. BANOK Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. Tongpok Pongener, learned counsel for the petitioner and Mr. Moa Imchen, learned Senior Government Advocate appearing on behalf of the respondent Nos. 1 to 4 and Mr. N K Luikham, learned counsel appears on behalf of respondent No.5.

(2.) This is an application under Article 226 of the Constitution of India challenging the communication letter No. IPR/EST-1/2013(Vol-I)/360 dtd. 25/10/2019 and the order dtd. 29/10/2019, whereby the respondent No. 5 was appointed to the post of Chowkidar in the Office of the District Public Relations Officer, Longleng, Nagaland. The brief facts of the instant case is that the petitioner's father late Mr. L Taulong Phom died in harness on 17/3/2008 while rendering service as Office Peon under the establishment of the SDIO, Longleng leaving behind the petitioner and his unemployed mother. The petitioner, after the death of his father, submitted an application for appointment on compassionate ground against the vacancy created by the demise of his father but the Department appointed a landowner candidate against the said vacancy. The petitioner was, however, appointed to the post of Sweeper on fixed pay as per the decision of the Committee till further orders from 1/6/2008 to 30/11/2008 vide order dtd. 28/5/2008. The petitioner, thereupon filed applications for extension of his services but to the dismay of the petitioner, in spite of various requests being made, his services were not extended. At this stage, it may be relevant herein to mention that in the OM dtd. 17/9/2015, the policy of the Government of Nagaland in respect of the Compassionate Appointment Scheme for State Government Employees who died in harness is stipulated. On perusal of the said scheme reveals that the appointment on compassionate ground shall be given only to one of the family of the deceased that is the spouse or son or daughter only. Clause 3, 4, 7 and 8 of the OM being relevant are quoted herein below:-

(3.) From a conjoint reading of the Clauses of the OM, it would reveal that appointment on compassionate ground shall be made only on regular basis to direct recruitment posts and only if regular vacancies meant for that purpose are available in the Department where the deceased employee was serving. Clause 4 stipulates that compassionate appointment should be made on compassionate ground to Group C and D posts and such appointment should not exceed 50% of the vacancies during a year. Clause 7 stipulates that the Department shall maintain a waiting list in chronological order for compassionate appointment and the applicant will be given the waiting list number on receipt of the application if there is no regular post available. Clause 8 stipulates that the upper age limit of the applicant under the scheme may be relaxed in exceptional cases up to a maximum of 5 years in addition to existing relaxation, if any.