NOGHILE WANTH Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Ms. Atsula, learned counsel for the petitioner. Also heard Ms. S. Mere, learned Government Advocate appearing for the State respondents.

(2.) The elder sister of the petitioner Smti Yasula Apon who was appointed as a Typist upon being selected by the Nagaland Public Service Commission, died in harness on 16.10.1999. Upon her death, the petitioner being the younger sister, made an application for being appointed on compassionate basis.

(3.) Law regarding compassionate appointment in the State of Nagaland has been provided under the Cabinet Memorandum No. AR-8/8/78 dated 17.01.2002. Clause 3 (2) of the Cabinet Memorandum provides that the appointment of compassionate ground shall be made only on a regular basis as a direct recruitment, provided the regular vacancies for the purpose are available in the Department where the deceased had earlier served. In the Cabinet Memorandum, it is also provided that the appointment on compassionate ground may be given, amongst others, to brother or sister in case of unmarried Government servant. Although she made her application for compassionate appointment, the respondent authorities instead of appointing the petitioner, had appointed another person, namely, Smti Kevilasanuo Chale against the post which stood vacant upon the demise of the elder sister of the petitioner.