The Gauhati High Court directed the respondents to consider the petitioner's case for appointment on compassionate ground under the Office Memorandum dated 17/9/2015 within three months if he qualifies.
Direction to respondents to consider petitioner's case for compassionate appointment within three months.
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GAHC020004002019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
Case No. : WP(C) 147/2019
1:KANILO ASSUMI D/O LT. TOHEI ASSUMI,
PRESENTLY RESIDING AT BLOCK-6, CHEKIYE VILLAGE, DIMAPUR, N/L
VERSUS
1:THE STATE OF NAGALAND AND 2 ORS
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF N/L, KOHIMA, N/L
2:THE COMMISSIONER AND SECRETARY/SECRETARY DEPT. OF SCHOOL EDUCATION GOVT. OF N/L KOHIMA N/L
3:THE PRINCIPAL DIRECTOR/DIRECTOR DIRECTORATE OF SCHOOL EDUCATION GOVT. OF N/L KOHIMA N/
Advocate for the Petitioner : A. ZHIMOMI
Advocate for the Respondent : GOVT ADV NL
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BEFORE HON'BLE MR JUSTICE SONGKHUPCHUNG SERTO
ORDER
Date : 05-09-2019
Heard Ms. Esther, learned counsel appearing for the petitioner and also heard Mr. V. Vero, learned Government Advocate appearing for the State respondents.
This is a writ petition praying for appropriate direction directing the respondents to consider appointment of the petitioner to any suitable post in the Department of School Education on compassionate ground.
Ms. Esther, learned counsel for the petitioner submitted that the petitioner’s father who was a Graduate teacher serving on regular basis in the Shivishe memorial School (Government High School) Zunheboto died while in harness on 10/1/2015, leaving behind his wife, the petitioner and 5 other siblings. Being the eldest son in the family and on whom the responsibility for looking after the family lies, he submitted an application on 23/11/2016 to the Director, School Education requesting him to appoint him to any suitable post on compassionate ground. However, no positive response came from the Director, therefore, he has come befor this Court praying as stated above.
The learned counsel for the petitioner further submitted that there is a scheme for appointment on compassionate ground and the same is provided in the Office memorandum No.AR-8/8/78 dated 17/9/2015 issued by the Government of Nagaland, P &AR Department (Administrative Reforms Branch) therefore, the petitioner has every right to be considered for appointment on compassionate ground.
Mr. V. Vero, learned Government Advocate, submitted that from the writ petition of the petitioner, there is nothing to confirm that his father was a regular employee therefore, to enable him to check and confirm the same time may be given.
From the documents submitted by the petitioner particularly, the
Page No.# 3/3 forwarding letter of the SDEO, Zunheboto dated 9/12/2016, it is clear that the petitioner’s father died while serving as Graduate teacher. Further it also appears from the Office Memorandum dated 17/9/2015 that there is a scheme for giving appointment to Government services to family members of a Government servant who die in harness. Therefore, this writ petition is disposed of with a direction to the respondents that the petitioner’s case for appointment on compassionate ground be considered as per the scheme provided in the Office Memorandum dated 17/9/2015, issued by the Government of Nagaland, P &AR Department (Administrative Reforms Branch) if he is found to be eligible under the scheme. Such exercise should be taken up and completed within a period of 3(three) months from the date of receipt of a copy of this order.
Writ petition disposed accordingly.
Sd/- JUDGE
Comparing Assistant
3 issues framed by the court
Whether the petitioner is entitled to be considered for appointment on compassionate ground in the Department of School Education.
Whether the respondents must consider the petitioner's case under the scheme provided in Office Memorandum No.AR-8/8/78 dated 17/9/2015.
Whether a specific timeframe should be fixed for the respondents to complete the exercise of considering the appointment.
1 provisions across 1 enactments
Kaniilo Assumi D/O Lt. Tohei Assumi
The State of Nagaland
The Commissioner and Secretary/Secretary Dept. of School Education Govt. of N/L
The Principal Director/Director Directorate of School Education Govt. of N/L
Songkhupchung Serto
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
