High Court of Meghalaya

Shri. Deep Kr. Mann vs . State Of Meghalaya & 6 Ors. on 1 July, 2024

Author: H. S. Thangkhiew

Bench: H. S. Thangkhiew

Serial No. 39
Regular List
                            HIGH COURT OF MEGHALAYA
                                  AT SHILLONG

    WP(C) No. 62 of 2024                              Date of Order: 01.07.2024


    Shri. Deep Kr. Mann                 Vs.        State of Meghalaya & 6 Ors.

    Coram:
                  Hon'ble Mr. Justice H. S. Thangkhiew, Judge


    Appearance:

    For the Petitioner/Appellant(s) :         Mr. S.K. Hassan, Adv.

    For the Respondent(s)           :         Mrs. T. Yangi. B, AAG with

Ms. S. Shyam, GA.

1. The petitioner by the instant writ petition is seeking appointment on

compassionate and humanitarian grounds, inasmuch as, his father while on

duty as Headmaster of Haldibari Government L.P. School, West Garo Hills

was shot dead by extremists. Thereafter, it appears that the petitioner on the

representation of his mother was accommodated on a contractual basis as

an Assistant Teacher, for a period of 59(fifty-nine) days on 21.08.2014,

which continued. However, it is submitted by Mr. S.K. Hassan, learned

counsel for the petitioner that the said arrangement has since been

discontinued, which he submits ostensibly that the petitioner's did not

possessed MTETqualification.

2. It is further submitted that the petitioner is well aware that there is no

compassionate scheme that is subsisting presently, and in this regard has

placed an earlier judgment of this Court dated 24.03.2023 passed in WP(C)

No. 443 of 2020, where this Court had observed at Para -7 as follows, and

had granted relief to the petitioner, though it was given therein that the

same shall not be served as a precedent.

"7. The recommendations of the Fifth Meghalaya Pay

Commission, in its report also had discussed this aspect that is, the

question of compassionate appointment in exceptional cases by

recommending at Paras - 8.5.3 and 8.5.4 as follows:

"8.5.3 The Commission notes that the scheme for providing employment on compassionate ground to the next of kin of a government employee who dies while in service was introduced by the Government of Meghalaya as a welfare measure to provide relief from extreme hardship to the family of a deceased employee belonging to Group 'C' and 'D' categories only. And on the recommendation of the Fourth Meghalaya Pay Commission the

scheme was discontinued for the reason that the existing facilities and benefits, including social security cover, available to the family of the deceased government employee who dies while in service were quite adequate.



                          8.5.4         The Commission examined                the
                          submissions      made       by     various      Service
                          Associations     and      Groups     of    government

employees for revival of the Scheme. After careful consideration of all aspects, the Commission recommends that in exceptional cases, where it is found that the spouse or a dependant of the deceased government employee is not gainfully employed, as duly certified by the concerned Deputy Commissioner, suitable employment may be provided by the Government to one member of the deceased employee's dependant(s), preferably a female dependant, keeping in view the social and cultural traditions and practice of the Khasi, Jaintia and Garo population of the State."

3. He therefore prays that similar consideration be given and the

respondents be directed to consider the petitioner to be appointed against

any suitable post, considering his qualification.

4. Mrs. T. Yangi. B, learned AAG appearing for the State respondents

submits that the fact that the petitioner is not qualified is undisputed, and

his continuance in the post since 2014, was purely on humanitarian

grounds. She prays that she may be allowed to obtain instructions whether

the petitioner can be accommodated to any other suitable post, considering

the qualifications that the petitioner's possesses.

5. Prayer is allowed.

6. List this matter on 30th July, 2024.

Judge