JUDGMENT & ORDER : This is a writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ in the nature of mandamus and/or any other appropriate order and direction for appointment of the petitioner under die in harness scheme on compassionate ground. None appears for the petitioner but Ms. A. Ayemi, learned Government Advocate appears on behalf of the State respondents. In view of the facts and circumstances of the case, it is considered appropriate to dispose it of even without the presence of the learned counsel for the petitioner. The case of the petitioner in this case is that after the death of her husband who was employed as a driver in the office of the Chief Electoral Officer Nagaland and died while in harness, she being helpless and unemployed, with 3 children to look after who were still school going, submitted an application dated 16/12/2016 for appointment in the post of Grade-IV in the Government service on compassionate ground. In consideration of her application, she was appointed as contingency paid sweeper in a fixed pay of Rs.2000/- PM vide office order No.ELE/ESTT-43/88-07/197/1470 dated 17/9/2015. Thereafter, her service was extended from time to time and the last order extending her service for a period of one year was issued on 28/9/2015. Her pay was initially Rs.2000/- only, but it was increased to Rs.3000/-PM and thereafter, to Rs.3450/- PM. It is also stated in the petition that the petitioner is entitled to regular appointment under the die in harness scheme, as per the Office Memorandum dated 17/9/2015 issued by the Government of Nagaland and also the earlier memorandums issued by the Government from time to time. The respondents in their affidavit-in-opposition, admits that the appointment under compassionate ground is governed by the Office Memorandum baring No.AR-8/878 dated 17/9/2015 and also admits that the petitioner had submitted an application for appointment under the scheme. The respondents in their affidavit did not oppose the prayer of the petitioner but stated only that she can be appointed only when regular vacancy arises in the Department. It is also stated in the affidavit-in-opposition that a proposal has been sent for creation of post of Grade-IV and that the same is pending with the P &AR Department. The respondents in their affidavit did not oppose the prayer of the petitioner but stated only that she can be appointed only when regular vacancy arises in the Department. It is also stated in the affidavit-in-opposition that a proposal has been sent for creation of post of Grade-IV and that the same is pending with the P &AR Department. From the contents of the affidavit-in-opposition, it is clear that the respondents have not denied the claim of the petitioner for appointment to Grade-IV post of the Government under the scheme and necessary actions also have been taken to that end. The undisputed Office memorandum according to which appointment under compassionate ground are made provides as follows:- Appointment on compassionate ground of family member of the State Government employees who die in harness as per guidelines enumerated below:- “2. Appointment on compassionate ground shall be given only to one of the following members of deceased employee’s family: a) Spouse or b) Son, or c) Daughter only. 3. Appointment on compassionate ground shall be made only on a regular basis to direct recruitment posts and only if regular vacancies meant for that purpose are available in that Department where the deceased Government employee was serving applicants shall have no claim to appointment under this scheme in any other Department other than the Department where the deceased employee was serving. However, for the NCS officers, the appointment may be considered under the establishment of the Commissioner, Nagaland or the Nagaland Civil Secretariat. 4. Compassionate appointments may be made to the posts falling under the combined direct recruitment quota of Group C or D. The ceiling for compassionate appointments of 5% of the direct recruitment vacancies in Group C and Group D posts has been done away with provided such appointments do not exceed 50% of the vacancies during a year. The appointment against posts for direct recruitment in Group C should be in the entry grade only. Further appointment against any posts for direct recruitment in Group C should be limited to those posts which are outside the purview of the NPSC for recruitment. 5. The inter-se seniority of person appointed under this scheme shall be fixed with reference to their date of appointment and their interpolation with the direct recruits promotes shall be made with reference to their dates of appointment without disturbing the inter-se seniority of direct recruits promotes. 6. 5. The inter-se seniority of person appointed under this scheme shall be fixed with reference to their date of appointment and their interpolation with the direct recruits promotes shall be made with reference to their dates of appointment without disturbing the inter-se seniority of direct recruits promotes. 6. The scheme will be available to family of the deceased employee provided no surviving member of the family holds any regular post in the State Government. The benefit of such appointment shall be available to only one family member. The scheme will be applicable only to dependents of deceased Government servant appointed and serving on regular basis at the time of death and will not be applicable to those who were working on daily wage or casual or ad-hoc or contract or re-employment/extension/consultant basis. A spouse one appointed under this scheme shall be allowed to continue in service even after re-marriage. Appointments made under this scheme shall not be transferable to any other person in any circumstances and any request for the same shall be invariably rejected. 7. Applicants under this scheme should be eligible and qualified for the posts in all respects under the provisions of the relevant Recruitment Rules. No relaxation in eligibility will be made in any circumstances, except to the extent provided under this scheme. Date of joining by a person appointed under this scheme shall be treated as the date of his/her regular appointment. All departments shall maintain a waiting list in chronological order for compassionate appointments. An applicant will be given the waiting list number on receipt of the application, if there are no regular posts available. 8. The upper age limit of applicants under this scheme may be relaxed in exceptional cases up to a maximum of 5 years in addition to existing relaxation, if any. The lower age limit shall, however, in no case be relaxed below 18 years of age. 9. Appointments made under this scheme, irrespective of the appointing authority specified under the rules shall be made only with the approval of the respective Heads of the Administrative Departments with the prior clearance of the Department of Personnel & Administrative Reforms. The Departments should send proposal for appointment on compassionate ground as per the format enclosed. 10. 9. Appointments made under this scheme, irrespective of the appointing authority specified under the rules shall be made only with the approval of the respective Heads of the Administrative Departments with the prior clearance of the Department of Personnel & Administrative Reforms. The Departments should send proposal for appointment on compassionate ground as per the format enclosed. 10. All Departments shall amend their respective Service Rules/Recruitment Rules to make a provisions of this scheme or any clarification shall be referred to the Department of P & AR for decision of the Government.” From the scheme as given in the above Office memorandum, the petitioner being the wife of the deceased Government employee and the only person who can be employed from the family is eligible for appointment in the Government service. It would also be seen from the Office memorandum that appointment is only to direct recruitment post on regular basis. Therefore, it would be only when regular vacancy occurs, persons seeking for employment under compassionate ground can be appointed. As per the affidavit-in-opposition filed by the respondent Nos. 1 and 2, it appears that no regular vacancy has arisen in the office/Department where the petitioner’s husband served and died while in harness. But as stated in the affidavit-in-opposition, proposal has been sent for creation of a post of Grade-IV so that the petitioner may be appointed in that post in the Department. In view of the facts and circumstances and the contents of the office memorandum stated above, in my considered opinion the ends of justice would be met if direction is given to the respondents to appoint the petitioner as soon as vacancy in the post of Grade-IV arises in the Department where the petitioner’s husband served and died while in harness. Accordingly, the respondent nos. 1 and 2 are directed to expedite the creation of post as stated to have been proposed and appoint the petitioner under the scheme on compassionate ground within a period of 5 months from the date of receipt of a certified copy of this order. With this the writ petition is disposed of.