Morung Express News
Kohima | September 6
The Gauhati High Court Kohima Bench, on September 5, has observed that the Government of Nagaland as well as the Nagaland Public Works Department (NPWD), seems to be giving less importance to filling up posts on compassionate grounds.
The duo, along with the Chief Engineer, PWD (Roads and Bridges) were the respondents of a writ petition the Bench was hearing involving appointment on compassionate ground in the Department of PWD (Road & Bridges), Dimapur Division, Dimapur, Nagaland.
“It appears from the materials available in the record that the respondents are not giving due importance to appointment on compassionate ground though hundreds of persons are directly recruited,” stated the order issued by Justice Parthivjyoti Saikia.
The single-judge Bench further noted that on Office Memorandum (OM) issued by the State’s Department of Personnel and Administrative Reforms (DPAR) issued on September 17, 2015 “makes it clear that up to 50% of the existing vacancies may be filled up by compassionate appointments.”
The judge directed the respondents “to take immediate steps for filling up the posts meant for appointment on compassionate ground.”
Background of the case
As per the Court’s record, the petition was filed under Article 226 of the Constitution of India seeking issuance of writ of mandamus or other appropriate writ for a matter involving appointment on compassionate ground.
The petitioner’s father, who was a Junior Engineer on regular basis under the PWD (Road & Bridges), Dimapur Division, Dimapur, died in harness on August 25, 2017. The mother of the petitioner has also expired.
Hence, the petitioner applied for compassionate appointment, but it was still pending. He also filed representation before the Engineer-in-Chief, NPWD, and was informed that his name stands at serial no. 42 in the seniority list.
Meanwhile, it was submitted that the September 17, 2015 OM by the DPAR was the foundation of the writ petition, particularly the Clause 2 which “clearly mentioned that whenever a government employee dies in harness, one of the three heirs of the deceased employee is entitled to get the compassionate appointment i.e., spouse or son or daughter.”
However, the counsel for the petitioner submitted before the Court that since 2017, only six persons were appointed on compassionate ground whereas 544 persons were appointed on direct recruitment basis.
To highlight the importance of appointment on compassionate ground, the counsel further cited decision by the Supreme Court (Malaya Nanda Sethy v. State of Orissa andothers) wherein it stated that the “authorities must consider and decide such applications for appointment on compassionate grounds as per the policy prevalent, at the earliest, but not beyond a period of six months from the date of submission of such completed applications.”
“We are constrained to direct as above as we have found that in several cases, applications for appointment on compassionate grounds are not attended in time and are kept pending for years together,” the apex court had noted.
Among others, it further said that if the object and purpose of appointment on compassionate grounds as envisaged under the relevant policies or the Rules have to be achieved then it is just and necessary that such applications are considered well in time and not in a tardy way.
“The consideration must be fair, reasonable and based on relevant consideration. The application cannot be rejected on the basis of frivolous and for reasons extraneous to the facts of the case. Then and then only the object and purpose of appointment on compassionate grounds can be achieved,” it added.
In the present petition, the Kohima Bench observed that while the 2015 OM makes it clear that up to 50% of the existing vacancies may be filled up by compassionate appointments, the State government and departments are not giving due importance to such appointment.
The petitioner is one of the competent persons having the required qualification for appointment in either Grade-C or Grade-D post of NPWD, it further stated.
Accordingly, the Bench disposed off the petition by giving direction to the respondents to take immediate steps for filling up the posts meant for appointment on compassionate ground, and further stated that the exercise should be done within a period of 6 months from the date of receiving the order.
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