Smti. Senti Phom v. the State of Nagaland and 2 Ors.

Gauhati HC6 Mar 2025WP(C)/31/2025

Case brief

AI extract

What is this about?

Compassionate appointment; died in harness; Article 226 writ petition; Nagaland Rural Development Department; OM No. AR-8/8/78 dated 17.09.2015; Addendum dated 09.04.2019; pending representation and reminder for disposal; motion-stage disposal with time-bound direction of 3 months; widow/dependent of deceased government servant; Kohima Bench; Budi Habung, J.

What did the court decide?

Direction to the concerned authorities to examine the petitioner's case and dispose of her representation dated 10.05.2024 and reminder application dated 10.10.2024 for appointment on compassionate ground in terms of the OM dated 17.09.2015 and the Addendum dated 09.04.2019, within 3 months from receipt of a certified copy of the order. ¶¶32

Smti. Senti Phom Vs the State of Nagaland and 2 Ors. — Writ and Judicial Review | Gauhati HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondent authorities should be directed to examine the petitioner's case and dispose of her pending representation dated 10.05.2024 and reminder application dated 10.10.2024 for appointment on compassionate ground in terms of the OM dated 17.09.2015 and the Addendum dated 09.04.2019.

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Court's answer

The writ petition is disposed of at the motion stage itself with a direction to the concerned authorities to examine the petitioner's case and dispose of her representation dated 10.05.2024 and reminder application dated 10.10.2024 for appointment on compassionate ground in terms of the OM dated 17.09.2015 and the Addendum dated 09.04.2019.

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Ratio / Principle

The disposal of the representations is to be completed within 3 (three) months from the date of receipt of a certified copy of the order.

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Detailed headnote1 paragraphs

Gauhati High Court (Kohima Bench), WP(C)/31/2025 — Smti. Senti Phom v. The State of Nagaland and 2 Ors (Budi Habung, J.; 07-03-2025): Widow of a regular Peon under RD Block, Longleng who died in harness on 19.06.2023 sought consideration for compassionate appointment under the Nagaland OM No. AR-8/8/78 dated 17.09.2015 and Addendum dated 09.04.2019; her representation dated 10.05.2024 and reminder dated 10.10.2024 remained undisposed. On the petitioner's counsel's limited prayer, and with no objection from the State, the court disposed of the petition at the motion stage, directing the authorities to examine her case and dispose of both applications in terms of the OM and Addendum within three months of receipt of a certified copy of the order.

Page No.# 1/4

GAHC020000892025

2025:GAU-NL:81

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH

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Case No. : WP(C)/31/2025

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SMTI. SENTI PHOM

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WIFE OF LATE Y. BUDEN PHOM, PERMANENT RESIDENT OF YACHEM VILLAGE, LONGLENG, NAGALAND, MOBILE NO. 9862828545

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VERSUS

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THE STATE OF NAGALAND AND 2 ORS

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF NAGALAND, DEPARTMENT OF OF RURAL DEVELOPMENT, NAGALAND, KOHIMA

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2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF NAGALAND DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS P AND AR KOHIMA NAGALAND

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3:THE DIRECTOR DIRECTORATE OF RURAL DEVELOPMENT NAGALAND KOHIM

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Advocate for the Petitioner : ALEMWAPANG AO, ARENLONG

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Advocate for the Respondent : GOVT ADV NL,

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Page No.# 2/4

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BEFORE

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HON'BLE MR. JUSTICE BUDI HABUNG

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ORDER

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Date : 07-03-2025

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Heard Mr. Arenlong, learned counsel for the petitioner. I have also heard Mr. Ajungli Sangtam, learned Government Advocate for the State respondents.

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2. By filing this petition under Article 226 of the Constitution of India, the petitioner is seeking direction to the respondent authorities to consider her case for appointment against the vacant post created by her late husband, Y. Buden Phom or any other post commensurate with her qualification on compassionate ground as per the Policy/Scheme laid down by the State Government vide OM dated 17.09.2015.

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3. The case of the petitioner is that her husband, Y. Buden Phom, while serving as a regular Peon under RD Block, Longleng died in harness on 19.06.2023, leaving behind him the petitioner and two minor children. It is submitted that the petitioner’s late husband was the sole bread earner of the family and the livelihood of the family was fully dependent on his earning. And his untimely demise left the family members in penury and distress, therefore, the petitioner having no other means of livelihood approached the concerned authority and submitted a representation dated 10.5.2024, along with all her necessary documents including her educational certificates to the Respondent No.3 with a request to appoint her to the post of Peon or any other suitable post in the department.

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Page No.# 3/4

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Since, the respondent did not respond to her representation, the petitioner submitted a reminder application on 10.10.2024. However, both the applications of the petitioner have not been attended to by the respondent authorities.

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4 . It is submitted that the State of Nagaland, Department of Personnel & Administrative Reforms (A.R. Branch) issued an OM No. AR-8/8/78 dated 17.09.2015. The said notification was further revised vide the Addendum No. AR-8/8/78 dated 09.04.2019, issued by the Department of Personnel & Administrative Reforms (Administrative Reforms Branch), Government of Nagaland. The said Office Memorandum and the addendum lays down the conditions for appointment on compassionate grounds to the spouses and children of those government servants who died in harness. This scheme provides that the appointment on compassionate ground will be applicable only to the dependents of the deceased government servant.

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5 . The learned petitioner’s counsel further submits that the petitioner is eligible for consideration for appointment in terms of the above mentioned compassionate scheme; however, the applications submitted by the petitioner have not been attended to by the respondent authorities till date.

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6. The learned counsel for the petitioner however, submits that at this stage he has a limited prayer that since the representation and the reminder application submitted by the petitioner is still pending before the respondent authorities for disposal, this writ petition may be disposed of

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Page No.# 4/4

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with a direction to the respondent authority to disposed of the same in terms of the OM dated 17.09.2015, and the Addendum dated 09.04.2019.

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7. The learned counsel for the State respondents has no objection if the present writ petition is disposed of with the direction as prayed for by the learned counsel for the petitioner, however, he submits that sufficient time may be given to the respondent authorities for disposal of the representations submitted by the petitioner.

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8. In view of the facts and circumstances of the case, and the limited prayer made by the learned counsel for the petitioner for disposal of the writ petition, and as agreed upon by the learned counsel for the parties, this writ petition is disposed of at the motion stage itself with a direction to the concerned authorities to examine the case of the petitioner and dispose of her representation dated 10.05.2024 and the reminder application dated 10.10.2024, for appointment of the petitioner on compassionate ground, in terms of the OM dated 17.09.2015 and the Addendum dated 09.04.2019 within the period of 3 (three) months from the date of receipt of a certified copy of this order.

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9. With the above observation, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Smti. Senti Phom v. the State of Nagaland and 2 Ors.

Case brief

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Smti. Senti Phom v. the State of Nagaland and 2 Ors.

Case brief

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What the court decided

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