MOALA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) This is a writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ in the nature of mandamus and/or any other appropriate order and direction for appointment of the petitioner under die in harness scheme on compassionate ground.

(2.) The case of the petitioner in this case is that after the death of her husband who was employed as a driver in the office of the Chief Electoral Officer Nagaland and died while in harness, she being helpless and unemployed, with 3 children to look after who were still school going, submitted an application dated 16.12.2016 for appointment in the post of Grade-IV in the Government service on compassionate ground. In consideration of her application, she was appointed as contingency paid sweeper in a fixed pay of Rs.2000/- PM vide office order No.ELE/ESTT-43/88-07/197/1470 dated 17.9.15. Thereafter, her service was extended from time to time and the last order extending her service for a period of one year was issued on 28.9.2015. Her pay was initially Rs.2000/- only, but it was increased to Rs.3000/-PM and thereafter, to Rs.3450/- PM. It is also stated in the petition that the petitioner is entitled to regular appointment under the die in harness scheme, as per the Office Memorandum dated 17.9.2015 issued by the Government of Nagaland and also the earlier memorandums issued by the Government from time to time. The respondents in their affidavit-in-opposition, admits that the appointment under compassionate ground is governed by the Office Memorandum baring No.AR-8/878 dated 17.9.2015 and also admits that the petitioner had submitted an application for appointment under the scheme. The respondents in their affidavit did not oppose the prayer of the petitioner but stated only that she can be appointed only when regular vacancy arises in the Department. It is also stated in the affidavit-in-opposition that a proposal has been sent for creation of post of Grade-IV and that the same is pending with the P &AR Department. From the contents of the affidavit-in-opposition, it is clear that the respondents have not denied the claim of the petitioner for appointment to Grade-IV post of the Government under the scheme and necessary actions also have been taken to that end.

(3.) Appointment on compassionate ground shall be made only on a regular basis to direct recruitment posts and only if regular vacancies meant for that purpose are available in that Department where the deceased Government employee was serving applicants shall have no claim to appointment under this scheme in any other Department other than the Department where the deceased employee was serving. However, for the NCS officers, the appointment may be considered under the establishment of the Commissioner, Nagaland or the Nagaland Civil Secretariat.