MEGHALAYA HIGH COURT ISSUES ORDER ON SMTI IBADAPDIANGHUNSHISHA MAWSOR V/S THE STATE OF MEGHALAYA AND ORS.

SHILLONG, India, March 8 -- Meghalaya High Court issued the following judgment/order on Feb. 6:

1. The petitioner is before this Court with a prayer for consideration of appointment on compassionate ground to the post of LDA, in the office of the respondent No. 4.

2. Mr. A. Pakyntein, learned counsel for the petitioner has submitted that the petitioner is the daughter of one (Late) Lowendro Diengdoh, who died in harness on 07.04.2008, and that after the death of her father, as the Scheme for compassionate appointment was still in place, the petitioner had applied for appointment on compassionate ground and had also furnished a financial certificate indicating the economic condition of the petitioner. Thereafter, he submits the respondent No. 4, offered appointment to the writ petitioner on officiating basis against the post of LDA-cum-Typist, and on being appointed by order dated 05.05.2014, continued as such till 31.05.2025, though with gaps in the service.

3. The learned counsel further submits that in a similar case, the State respondents had considered and approved the case of one Alvarinea Nongsiej for appointment on compassionate ground, whereby she was appointed vide order dated 31.08.2023, but however the case of the petitioner was rejected by order dated 21.08.2024. He therefore, prays that as the application for compassionate appointment was made when the Scheme was still in place before its discontinuance in 2010, and she being eligible in all respects be afforded the same consideration for appointment on compassionate ground.

4. Mr. S. Sen, learned GA for the State respondents in reply has submitted that the main reason for non-consideration of the case of the petitioner for appointment on compassionate ground is that at the time when the father of the petitioner expired, her mother Smti Elbon Mawsor was working as UDA in the office of the respondent No. 4, (Housing Branch), and retired in the year 2016. It is further submitted that the mother of the petitioner is in receipt of family pension and therefore, the family was not facing any acute financial distress to warrant grant of compassionate appointment to the writ petitioner. With regard to the contention of the writ petitioner that in a similar case, compassionate appointment had been afforded, the learned GA submits that the case is an aberration and the petitioner cannot claim negative equality.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x4I9unbhemyABOB6zgJ7fpyoTbftwCweGR6bQUdWRzfm&caseno=BA/63/2025&cCode=1&cino=MLHC010019292025&state_code=21&appFlag=)

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