Kokliba M Sangtam vs State of Nagaland

Heard Mr. Tongpok Pongener, learned counsel for the petitioner; Mr. Ajungli Sangtam, learned Junior Government Advocate, Nagaland for the respondent no. 1; and Ms. Apila Sangtam, learned Standing Counsel, Department of Social Service, Government of Nagaland, for the respondent nos. 2 - 4.

The petitioner has approached this Court by the present writ petition under Article 226 of the Constitution of India seeking inter alia a direction to the respondent authorities to consider the application of the petitioner for his appointment on compassionate ground in terms of the State Government’s policy notified vide Office Memorandum dated 17.09.2015 of the Personnel and Administrative Reforms Department, Government of Nagaland.

It is stated that the petitioner’s father, Y. Moatemsu came to be appointed in the post of Driver in the office of the Child Development Project Officer [CDPO], Longkhim by an Order of Appointment dated 08.10.1990. As per the Order of Appointment, the petitioner’s father was appointed in the post of Driver, which carried a Scale of Pay : Rs. 425-9-542-12-EB-14-670-18-730/- per month along with other allowances as applicable under the law. The Order of Appointment was issued under the hand of the Director of Social Security and Welfare, Nagaland.

Pursuant to the Order of Appointment, the petitioner’s father, Y. Moatemsu joined in the post of Driver and continued to serve in the said post of driver till he died-in-harness on 04.03.2020, leaving behind his wife, a son [the petitioner] and a daughter, as his legal heirs.

The petitioner has stated that as all the heirs of Late Y. Moatemsu were dependent upon Late Y. Moatemsu, as he was the only breadearner in the family and the family had faced sudden crisis due to the death of the sole breadearner. Immediately after the death of his father, the petitioner submitted an application on 05.03.2020 to the Director, Social Welfare Department, Nagalang through the District Programme Officer [ICDS], Tuensang, who, in turn, had forwarded the petitioner’s application to the Director, Department of Social Welfare, Nagaland on 05.03.2020. In the Office Letter dated 05.03.2020, the District Programme Officer [ICDS], Tuensang had mentioned that in view of death of Late Y. Moatemsu, who was serving as a Driver at Longkhim, the post was left vacant. Thereafter, on 03.04.2021, the Office of the Director, Directorate of Social Welfare Department, Nagaland wrote back to the District Programme Officer [ICDS], Tuensang stating that the Ministry of Women & Child Development, Government of India had discontinued to appoint Drivers in all the ICDS projects all over the country and the said issue had been conveyed vide an Order dated 23.11.2017. It was further informed that until the order regarding appointment of Drivers was not recalled by the Ministry of Women & Child Development, Government of India, the Department of Social Welfare, Nagaland would not be in a position to decide in the matter of appointment of Driver.

Pursuant to the aforesaid Communication dated 03.03.2021, the petitioner submitted a Representation before the Director, Department of Social Welfare in April, 2022 seeking consideration of his appointment on compassionate ground in terms of the policy of the State Government, as notified by the Office Memorandum dated 17.09.2015 read with Addendum dated 09.04.2019.

The respondent nos. 2 - 4 have filed an affidavit-in-opposition wherein it is averred that on receipt of the application dated 05.03.2020 from the petitioner seeking his appointment on compassionate ground, the petitioner’s name was considered and included in the Waiting List of applicants for the post of Multi Tasking Staff [MTS], as on 31.03.2026. It is further stated that the post of Driver wherein deceased father of the petitioner, Late Y. Moatemsu was appointed and working, was under the establishment of the erstwhile Directorate of Social Security and Welfare, Nagaland and in the Appointment Order dated 08.10.1990, it was made clear that the appointment was to the post of Driver in the Office of the CDPO, Longkhim. It is averred that the Office of the CDPO is established under the ICDS Scheme, which is a Centrally Sponsored Scheme. A stand is taken to the effect that the Ministry of Women & Child Development, Government of India by an Office Letter dated 25.03.2019, addressed to all the State Governments/Union Territories, had made it clear that the share of the Government of India for payment of salaries would be restricted to only five selected regular post w.e.f. 01.12.2017, which did not include the post of Driver. It is thereby, stated that as the post of the petitioner’s deceased father fell under the ICDS Scheme and the Ministry of Women & Child Development, Government of India had already stopped funding for salaries of such post, other than five selected regular posts, the Department of Social Welfare, Nagaland had to initiate necessary steps for adoption of utilization of different posts for absorption in the State cadre and the said exercise was still under process.

From the affidavit-in-opposition, the State respondents appear to have taken a stand that since the post of Driver is being not funded under the ICDS, the Department of Social Welfare, Nagaland is not in a position to consider the case of the petitioner for appointment on compassionate ground. However, if the State Government considers and approves the proposal for adoption, the Department of Social Welfare, Nagaland would refer to the waiting list wherein the petitioner’s position is at serial no. 10.

It is a contention of the petitioner that contrary to the claim made by the State respondents, in the Pension Payment Order no. 142123644 dated 07.04.2021 issued by the Office of the Accountant General [A&E], Nagaland whereby family pension was granted to the mother of the petitioner, the status of service of the petitioner’s father, Late Y. Moatemsu has been shown Government servant in the Directorate of Social Security & Welfare, Kohima.

Noticeably, the stand taken by the State respondents that the petitioner’s father was not a Government servant when he died-in-harness on 04.03.2020, is belied by the Pension Payment Order [PPO] dated 07.04.2021. From the Pension Payment Order [PPO], it is discernible that the office of the Accountant General [A&E], Nagaland had issued the PPO no. 142123644 dated 07.04.2021 and by the Pension Payment Order [PPO], the petitioner’s mother was granted family pension. In the Pension Payment Order [PPO], it is found mentioned that the name of the Government Servant as Y. Moatemsu. The date of appointment and the date of death of Late Y. Moatemsu are mentioned as 18.01.1990 and 04.03.2020 respectively. By the Pension Payment Order [PPO], the Death-cum-Retirement Gratuity [DCRG] was released in favour of the mother of the petitioner, that is, on 05.03.2020. The payment of the family pension is made debitable to the Government of Nagaland in the Head of Accounts - 2071. It was mentioned that the family pension was sanctioned to Smti. Yongpitogla, widow of Late Y. Moatemsu, from the day following the date of death of Y. Moatemsu.

As per the Compassionate Appointment Scheme notified by the Personnel and Administrative Reforms Department, Government of Nagaland, vide Office Memorandum dated 17.09.2015, appointment on compassionate ground is to be given only to one of the family members of the deceased Government employee’s family : [a] spouse or; [b] son or; [c] daughter only, and the policy is restricted to the family members of the State Government employees who died-in-harness. The Scheme is made available to the family of the deceased State Government employee, provided no surviving member of the family holds any regular post in the State Government. The benefit of such appointment is available to only one family member and it is applicable only to dependents of deceased Government servants appointed and serving on regular basis at the time of death and it is not applicable to those who were working on daily wage or casual or ad-hoc or contract or re-employment/extension/ consultant basis. By the Addendum dated 09.04.2019, it is mentioned that the Scheme shall be applicable in order of date of death and first preference shall be given to those who had died earlier and who fulfills all other eligibility criteria.

From the Pension Payment Order dated 7.04.2021, it is clearly discernible that the petitioner’s father, Late Y. Moatemsu, who died-in-harness on 04.03.2020, was recognised as a Government servant under the Directorate of Social Security and Welfare, Nagaland, Kohima, which Directorate has since been re-designated as Directorate of Social Welfare, Nagaland. Accordingly, the family pension was allowed to his wife from the day following the date of death of Y. Moatemsu, 05.03.2020, making the family pension debitable to the Government of Nagaland. Thus, it is clear that the petitioner’s father had been treated at the time of his death as a Government servant whose dependents are eligible for family pension. In such view of the matter, it is not open for the State respondents to make a contrary claim that the case of the petitioner, not being a son of a Government employee who died-in-harness, cannot be considered under the policy of appointment on compassionate ground, as notified by the State Government vide Office Memorandum dated 17.09.2015 read with Addendum dated 09.04.2019. This Court is of the considered opinion that the case of the petitioner for appointment on compassionate appointment falls within the purview of the policy, provided he fulfills other eligibility criteria laid down therein.

The Judgment and Order dated 02.06.2026 passed in a writ petition, W.P.[C] no.235/2024, placed by the learned counsel for the State respondents, is found not applicable to the fact obtaining in the case in hand for the reason that in the said case, the petitioner’s mother who died-in-harness, was found to be not a State Government employee as she was appointed only against the Centrally Sponsored ICDS Scheme, unlike the case of Late Y. Moatemsu, who at the time of his death, had been treated to be a Government employee under the Directorate of Social Welfare, Nagaland.

The petitioner has already been shortlisted by the Social Welfare Department in the Waiting List of applicants for the post of Multi Tasking Staff [MTS], as on 31.03.2026, wherein his name figured at Serial no. 10. Therefore, this writ petition is disposed of directing the State respondents, who are obligated to examine the eligibility of the petitioner for his appointment on compassionate ground in terms of policy of the State Government, as notified by the Office Memorandum dated 17.09.2015 read with Addendum dated 09.04.2019, as and when his turn comes, strictly as per his seniority position in the Waiting List of applicants for the post of Multi-Tasking Staff [MTS], as on 31.03.2026. If the petitioner is found to have fulfilled all the other eligibility criteria, then his case for appointment on compassionate ground is to be considered accordingly. No cost.