DAPHILIN WARJRI Vs. STATE OF MEGHALAYA
LAWS(MEGH)-2013-7-5
HIGH COURT OF MEGHALAYA
Decided on July 31,2013

Daphilin Warjri Appellant
VERSUS
STATE OF MEGHALAYA Respondents

JUDGEMENT

- (1.) Writ petitions nine in numbers involving the same question of law and praying similar relief are being heard together and disposed of by this common judgment and order. Heard Mr. A.H. Hazarika, learned counsel for the petitioners and Mr. K. Khan, learned counsel for the Addl. Sr. Govt. Advocate appearing for the respondents.
(2.) The writ petitioners are praying for a direction in the present writ petitions to the State respondents to consider their cases for appointment on compassionate ground under the scheme for appointment on compassionate ground prepared by the Govt. of Meghalaya. The Govt. of Meghalaya issued Office Memorandum dated 11.12.1984 "the employment on compassionate ground of the son/daughter/near relatives of the Govt. servant who dies while in service." For easy reference, the said Office Memorandum dated 11.12.1984 is quoted hereunder:-- GOVERNMENT OF MEGHALAYA PERSONNEL AND ADMV. REFORMS (B) DEPARTMENT NO. CR(AR)154/78/147 Dated Shillong, the 11th December, 1984 Office Memorandum Subject: Employment on compassionate ground of the son/daughter/near relatives of the Govt. servant who dies while in service. The matter regarding employment on compassionate ground of the son/daughter/near relatives of the Govt. servant who dies while in service has been engaging the attention to the Government for sometime past. After careful examination, Government have decided to introduce a scheme for providing employment on compassionate ground to the next of kin who may be the wife/husband/son/daughter of a Government servant who dies while in service on the following principles:-- (1) That employment on compassionate ground shall apply only to Class III or Class IV posts under the State Government. (2) Only the wife/husband/son/daughter of the Govt. servant (thereafter called relative) who is required to support the family of the deceased will be eligible to be considered for such employment. (3) The benefit of such employment will be available to only one relative. (4) Employment on compassionate ground should be given only at the lowest rung of the ladder for which the applicant is educationally qualified. (5) In selection the next of kin, the Head of Department may make an assessment as to who will be most satisfactory to provide succor to the family of the deceased. (6) This concession will be applicable only to such cases where the concerned Government servant has put in at least 5 years continuous service against a regular post. (7) There should be relaxation of age limit for recruitment up to the age of 50 years. If relaxation is required to be made even in the minimum age limit, such relaxation may be considered if it does not exceed a period of 1(one) year below the age limit prescribed in their recruitment rules for the post applied for. (8) No relaxation in educational qualification should be allowed in compassionate appointment. (9) If none of the relatives is eligible on grounds of age or educational qualification on the date of the death of the Govt. servant, an eligible relative who acquires the qualifications within 5(five years) from the date of premature death of the Govt. servant may be given such employment provided that he/she is within the age limit prescribed for the post subject to relaxation mentioned in paragraph 7 above. (10) Application in the Standard Forms in the Annexure, for such employment should be made to the Chief Secretary to the government of Meghalaya through the Head of Department/Office in which the Government servant was last employed. The Head of Department/Office should send the application with his remarks to the concerned Administrative Department which will refer it to the Chief Secretary. The application must be submitted within one year from the date of premature death of the Government servant or if none of the relatives is educationally qualified at the time of such death, as the case may be. (11) The appointments can be made only against such posts for which direct recruitment has been provided in the relevant recruitment rules. (12) The grant of such employment is not to be allowed as a matter of course. The financial circumstances of the family would be taken into consideration for eligibility. (13) Appointments to posts and services under this scheme shall be made by respective appointing authorities after approval of Administrative Department concerned with the approval of the Personnel and Administrative Reforms (B) Department. (14) Consultation with the Meghalaya Public Service Commission or District Selection Committee as the case may be, is not required for appointment under this scheme. (15) Employment on compassionate ground should not affect adversely the employment policy of 40:40:5 in respect of Khasi Jaintias, Garos and other Scheduled Castes/Scheduled Tribes. If the quota has been exhausted in a particular category, the appointment may be made immediately but adjusted against the next year's quota. (16) Every case of employment on compassionate ground will be considered on its own merit in the light of the principles enunciated at preceding paragraphs. (17) The appointing authorities, the Head of Department and the Administrative Departments concerned should each maintain a Register in which the name, designation and date of death of the Government servant as well as the name, relationship of the applicant and the post against which he is appointed should be entered so as to facilitate verification. This will take immediate effect Sd/-GW Chyne, Secretary to the Govt. of Meghalaya Personnel & Admv. Reforms (B) Department
(3.) The said Office Memorandum i.e. the employment on compassionate ground shall apply only to the wife/husband/son/daughter of the Govt. servant who died in harness, who required to support the family of the deceased and will be considered for such employment i.e. appointment on compassionate ground. There is also a provision for relaxation of the age limit for recruitment up to 50 years. It is the case of the petitioners in all these writ petitions that the petitioners are seeking for employment on compassionate ground. The important dates and facts in each of the writ petitions are mentioned hereunder:-- 1. W.P. (C)(SH) No. 278/2012 Miss Daphilin Warjiri v. State of Meghalaya and others. 1. The petitioner, Miss:--Daphilin Warjiri, is the daughter of late standard Roy Jywra, who had been working as constable/drafter under SB. CID, Shillong. Expired on 26-04-2010, while in active government service, leaving behind widow mother and 3(three) children in destitute. 2. The petitioner applied for appointment on compassionate ground dated 03-05-2010. The petitioner had passed B.A. (arts) and duly qualified for any grade-III or IV post and application is pending Since 2010, through all the formalities have already been completed in all respect. 2. W.P. (C) (SH) No. 279/2012 Smt. Anita L. Marshillong v. State of Meghalaya and others. 1. The petitioner, Smt. Anita L. Marshillong, is the wife of late Lohbor Jopthiaw, who had been working as constable under 3rd IRBN, Jowai. Expired on 02-10-2008, while he was in active government service, leaving behind petitioner and her minor child in destitute. 2. The petitioner applied for appointment on compassionate ground to the Commandant, 3rd IRBN, Jowai, dated 12-10-2008. The petitioner read up to Class-X(Ten) and duly, qualified for any grade -IV post and application is pending Since year/2008, though all the formalities have already been completed in all respects. 3. W.P. (C) (SH) No. 280/2012 Smt. Knermon Sohtun v. State of Meghalaya and others. 1. The petitioner, Smt. Knermon Sohtun, is the Wife of late Stevenson Nongkhlaw, who had been working as Laboratory Assistant under Police Department (FSL), Shillong. Expired on 11-10-2008, while in active government service, leaving behind the petitioner and her 3 (three) children in destitute. 2. The petitioner applied for appointment on compassionate ground dated 18-12-2008, and forwarded her application to competent authority with recommendation to consider her Case. The petitioner read up to Class-X (Ten) and duly qualified for any grade IV post and applicant pending since the year/2008, through all the formalities have already been completed rough all the formalities have already been completed. 4. W.P. (C) (SH) No. 281/2012 Miss. Alvanica Khyriem v. State of Meghalaya and others 1. The petitioner, Miss: is Miss. Alvanica Khyriem, is the daughter of late A.R. Kharkongor, who had been working as UBSI under Police Department, Shillong. Expired on 14-05-2009, while in active government service, leaving behind widow mother and 3 (three) children in destitute. 2. The petitioner applied for appointment on compassionate ground dated 20-07-2009. The petitioner had passed B.A. (arts) and duly qualified for any grade III or IV post and application is pending Since the year/2009, through all the formalities have already been completed. 5. W.P. (C) (SH) No. 282/2012 Shri. Michael Kharbuli v. State of Meghalaya and others. 1. The petitioner, Shri. Michael Kharbuli, is the son of late John Gilbert Bareh, who had been working as, UBSI under Police Department Shillong. Expired on 10-12-2003, while in active government service, leaving behind widow mother and 3 brothers and sister in destitute. 2. The petitioner applied for appointment on compassionate ground dated 17-12-2003. The petitioner had passed B.A. (arts) and duly qualified for any grade III or IV post and application is pending Since the year/2003, through all the formalities have already been completed. 6. W.P. (C) (SH) No. 259/2012 Miss. Mebis Basaiawmoit & 2 others v. State of Meghalaya and others (i) Miss. Mebis Basaiawmoit. 1. The petitioner, Miss:-- Miss. Mebis Basaiawmoit, is the daughter of late Loanis Dkhar, who had been working as constable under 1st MLP.Bn, Mawiong, Shillong. Expired on 19-02-2000, while in active government service, leaving behind widow, mother, brother and sister in destitute. 2. The petitioner applied for appointment on compassionate ground dated 01-03-2000. The petitioner had passed SSLC Examination and duly qualified for holding any grade III or IV post and application is pending since the year/2000, through all the formalities have already been completed. (ii) Miss: Eurica Diengdoh 1. The petitioner, Miss: Eurica Diengdoh, is the daughter of late Ashok Kharmalki, who had been working as Hav. Constable under 1st MLP.Bn, Mawiong, Shillong. Expired on 29-09-2009, while in active government service, leaving behind widow, mother and 4(four) children in destitute. 2. The petitioner applied for appointment on compassionate ground dated 26-10-2009. The petitioner had passed B.A. (arts) and duly qualified for holding any grade III or IV post and the application is pending since the year/2009, through all the formalities have already been completed. (iii) Miss: Barita Shylla 1. The petitioner, Miss:--Barita Shylla, is the daughter of late Dimbeswar Gogoi, who had been working as ABSI under 1st MLP.Bn, Mawiong, Shillong. Expired on 26-08-2004, while in active government service, leaving behind widow, mother and 3(three) children in destitute. 2. The petitioner applied for appointment on compassionate ground dated 06-06-2005. The petitioner had passed SSLC Examination and duly qualified for holding any grade III or IV post and application is pending since the year/2005, through all the formalities have already been completed. 7. W.P. (C) (SH) No. 260/2012 Smt. Darilang Tohtih & another v. State of Meghalaya and others (i) Smt. Darilang Tohtih 1. The petitioner, Miss, Smt. Darilang Tohtih is the wife of late Harvester Mawiong, who had been working as constable Operator under MPRO/Police Department, Shillong. Expired on 03-03-2007, while in active government service, leaving behind widow/petitioner and a child in destitute. 2. The petitioner applied for appointment on compassionate ground dated 21-07-2007. The petitioner had passed B.A. (Arts) and duly qualified for holding any grade III or IV post and the application is pending since the year/2007, through all the formalities have already been completed. (ii) Miss: Querida Challam 1. The petitioner, Miss: Querida Challam, is the daughter of late Richard K. Kharpran, who had been working as Constable Operator under MPRO/Police Department, Shillong. Expired on 17-07-2007, while in active government service, leaving behind widow mother and 3 brothers and sister in destitute. 2. The petitioner applied for appointment on compassionate ground dated 05-12-2007. The petitioner had passed B.A. (arts) and duly qualified for holding any grade III or IV post and the application is pending Since the year/2007, through all the formalities have already been completed. 8. W.P. (C) (SH) No. 261/2012 Smt. Perlinsha Kharkongor & 2 others v. State of Meghalaya and others (i) Smt. Perlinsha Kharkongor. 1. The petitioner, Smt. Perlinsha Kharkongor is the wife of late Mailo Syngwan, who had been working as Hav. Constable under 3rd IRBN, Jowai. Expired on 20-01-2008, while in active Government service, leaving behind widow petitioner and her 3 children in destitute. 2. The petitioner applied for appointment on compassionate ground dated 25-02-2008. The petitioner read up to Class-X (Ten) and duly qualified for holding any grade III or IV post and application is pending Since the year/2008, through all the formalities have already been completed. (ii) Smt. Daina K. Dewsaw 1. The petitioner, Smt. Daina K. Dewsaw is the wife of late Kyrmensing Lyngdoh, who had been working as Constable under 3rd IRBN, Jowai. Expired on 23-08-2004, while in active Government service, leaving behind Petitioner and her 3(three) children in destitute. 2. The petitioner applied for appointment on compassionate ground dated 10-09-2004. The petitioner had passed Class-VIII (Eight) and duly qualified for holding any grade IV post and the application is pending Since the year/2004, through all the formalities have already been completed. (iii) Smt. Fullmoon Symbai 1. The petitioner, Smt. Fullmoon Symbai, is the wife of late Markin Wahlang, who had been working as Constable under 3rd IRBN, Jowai. Expired on 10-09-2006, while in active Government service, leaving behind petitioner and her 5(five) children in destitute. 2. The petitioner applied for appointment on compassionate ground dated 25-11-2006. The petitioner had passed Class-IX (Nine) and duly qualified for holding any grade IV post and application is pending Since the year/2006, through all the formalities have already been completed. 9. W.P. (C)(SH) No. 315/2012 Smt. Manju Shretha v. State of Meghalaya and others. 1. The petitioner, Smt. Manju Shretha is the wife of Late Bijoy Shretha, who had been working as AB constable under the Meghalaya Police Department, Shillong. Expired on 15-05-1996, while in active Government service, leaving behind petitioner and her 3(three) daughters in destitute. 2. The petitioner applied for appointment on compassionate ground during the month of May/1996. The petitioner had passed HSLC Examination and duly qualified for any grade-III or IV post and application is pending Since 1996, through all the formalities have already been completed in all respect.;


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