K. TSOSHEJU Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. L. Likhase Sangtam, learned counsel for the petitioner and Ms. S. Chang, learned State Counsel for the State respondents.

(2.) By filing this writ petition, the petitioner claims for his appointment to the post of Peon on regular basis. It is the case of the petitioner that his father died in harness while he was working as office Peon in the establishment of Deputy Commissioner, Kiphire and he was posted in the Office of the Extra Assistant Commissioner (EAC), Longmatra. The petitioner applied for appointment on compassionate basis and accordingly, an approval for his appointment was granted by the Additional Chief Secretary and Commissioner, Nagaland which was communicated to the Deputy Commissioner, Kiphire vide letter dtd. 15/5/2007 by the Extra Assistant Commissioner (HQ), Office of the Commissioner, Nagaland, Kohima. However, the petitioner was only appointed on Adhoc basis for a period of one (1) year vide Office Order dtd. 4/7/2007 but he continues to work as such till date. The petitioner was recommended for regularization by the District Level Recruitment Board in its meeting held on 13/3/2012 but despite such recommendation, the petitioner not having been regularized, the petitioner is before this Court.

(3.) Mr. L. Likhase Sangtam, learned counsel submits that as per the Office Memorandum (O.M) dtd. 13/2/2002 which is the Scheme for compassionate appointment, appointment on compassionate ground is to be made on regular basis and in the Department where the deceased Government employee was working. Despite the same, the respondent have appointed the petitioner only Adhoc basis.