JUDGMENT : 1. In this writ petition, under Article 226 of the Constitution of India, the petitioner - Shri Moaakum Pongen has prayed for issuing direction to the respondent authorities to consider his application for appointment on compassionate ground in terms of Addendum, dated 09.04.2019 and in terms of the Office Memorandum No. AR-8/8/78, dated 17.09.2015 issued by the Government of Nagaland, Personnel and Administrative Reforms Department (Administrative Reforms Branch), Kohima, Nagaland. 2. The factual background leading to filing of the present petition is briefly stated as under: “The father of the petitioner - Lt. Mayangneken was serving as Mechanic (Grade-III) in the Department of Public Health Engineering Department Sub-Division, No. II, Mokokchung, Nagaland. And while serving in the same capacity, he died in harness on 14.03.2016, leaving behind the petitioner, his mother and his elder sister. The petitioner’s father was holding a regular post at the time of his demise and as such, the family was granted the family pension. But, none of the family members of the petitioner was holding any post in the State Government, and they have no means of livelihood. The petitioner, being eligible for Group-‘C’ post in terms of Office Memorandum, dated 17.09.2015, filed an application to the Department for appointment on compassionate ground on the subject “Revised Appointment Scheme for State Government employees who died in harness”, to appoint him to any post of Group-‘C’. But, since filing of the petition more than 4 years, elapsed. His application has not yet been considered by the respondent authorities. The petitioner has filed one RTI application in the Department, and as per the information furnished, the respondent authorities had appointed 11 persons, on compassionate ground, from the year, 2016 till 2020, and they have also appointed 229 persons in Grade-III & IV posts against vacant posts during the aforementioned period without following the reservation policy of 50% for compassionate appointment in terms of the Office Memorandum, as stated above”. 3. Being highly aggrieved, the petitioner approached this Court by filing the present petition seeking appropriate relief. 4. The respondent Nos. 2, 3 & 4 have filed their affidavit-in-opposition stating that the application of the petitioner was received by the Department on 29.06.2016, and accordingly, the same was included in the list of compassionate appointment applicants, and as per the latest list, the petitioner is still in Serial No. 10, after rectification. 4. The respondent Nos. 2, 3 & 4 have filed their affidavit-in-opposition stating that the application of the petitioner was received by the Department on 29.06.2016, and accordingly, the same was included in the list of compassionate appointment applicants, and as per the latest list, the petitioner is still in Serial No. 10, after rectification. It is also stated that the compassionate appointment was made in a chronological order and since there are other applicants above the petitioner, the application of the petitioner could not considered till date. However, the same will be considered when his turn will come. 5. Heard Mr. Moa Jamir, learned counsel for the petitioner, and also heard Ms. Supongmenla Chang, learned Govt. Advocate representing the State respondents. 6. Mr. Jamir, the learned counsel for the petitioner, submits that the father of the petitioner died in harness on 14.03.2016, and immediately thereafter, the petitioner filed one representation for being appointed on compassionate ground in Group-‘C’ post. But, despite lapse of about 6 years, his representation has not been considered by the respondent authorities. Mr. Jamir, further, submits that this Court vide order, dated 21.04.2022, has directed the learned Govt. Advocate, Nagaland, for production of vacancy position in the Department under Group ‘C’ & ‘D’ posts and accordingly, the learned Govt. Advocate has produced the vacancy position before this Court and as per the said list, 13 incumbents of Group ‘C’ & ‘D’ posts, will arise on account of retirement of the incumbents from June, 2022 till September, 2022 and as such, the respondent authorities may be directed to appoint the petitioner in any of the vacancy, which will be arising during the aforesaid period. Referring to one case law : Susma Gosai -vs.- Union of India; reported in 1989 SC 1976, Mr. Jamir, submits that there should be no delay in appointment on compassionate grounds, as the purpose of providing appointment on compassionate ground is to mitigate the hardship due to death of the bread earner in the family. 7. Mr. Jamir, further pointed out that in the case of Smti. Y. Sejungla Sangtam-vs.- State of Nagaland & 4 others, WP (C) 96/2020, vide order, dated 15.09.2020, this Court had directed the State respondents to consider the case of the petitioner in that case, in terms of Office Memorandum No. AR-8/8/78, dated 17.09.2015, within a period of 2 (two) months. Therefore, Mr. Y. Sejungla Sangtam-vs.- State of Nagaland & 4 others, WP (C) 96/2020, vide order, dated 15.09.2020, this Court had directed the State respondents to consider the case of the petitioner in that case, in terms of Office Memorandum No. AR-8/8/78, dated 17.09.2015, within a period of 2 (two) months. Therefore, Mr. Jamir contended to direct the State respondents to appoint the petitioner in terms of the aforesaid Office Memorandum, to any of the Group ‘C’ post. 8. Ms. Seponglemla Chang, the learned Govt. Advocate submits that the State has no objection in the event of issuing any direction to appoint the petitioner in any of the vacant post that will be arising in between June, 2022 till September, 2022 which is being reflected in the letter, dated 26.05.2022, vide No. CE/PHE/GEN-EST/2005, issued by the Chief Engineer, PHED, Sanitation & WSSO, Nagaland, Kohima addressed to Smti. Seponglemla Chang, learned Govt. Advocate, Gauhati High Court, Kohima Bench. 9. Having heard the submission of the learned Advocates of both the sides, I have carefully gone through the petition and the documents placed on record. Also I have carefully gone through the Office Memorandum No. AR-8/8/78, dated 17.09.2015. At clause-4 of the aforesaid Office Memorandum, it is stated 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 ‘D’ posts has been done away with, provided such appointments do not exceed 50% 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 post for direct recruitment in Group ‘C’ should be limited to those posts which are outside the purview of NPSC for recruitment. It also appears that the aforesaid scheme is available only to one of the member of the deceased employee family (a) Spouse; (b) son or (c) daughter only. 10. Here, in this case, the petitioner is the son of the deceased employee, namely, Lt. Mayangneken who died in harness on 14.03.2016, while he was in service. The petitioner, pursuant to the Office Memorandum, dated 17.09.2015 has filed a representation to the State respondents for being appointed to any of the Group ‘C’ & ‘D’ post. 10. Here, in this case, the petitioner is the son of the deceased employee, namely, Lt. Mayangneken who died in harness on 14.03.2016, while he was in service. The petitioner, pursuant to the Office Memorandum, dated 17.09.2015 has filed a representation to the State respondents for being appointed to any of the Group ‘C’ & ‘D’ post. But till date, the representation, so submitted by the petitioner for appointment, pursuant to the Office Memorandum, has not been considered. From the Annexure-‘I’, the list of applicants for compassionate appointment as on 26.10.2020, in chronological order reveals that the name of the petitioner is at Serial No.10, which was furnished pursuant to the RTI application filed by one Shri Medo Solo. It also appears from Annexure-‘K’, enclosed with the petition that from the year, 2016-2020, as many as 229 persons of Grade-III & IV vacant posts have been filled up from 2016-2020, without following the reservation policy of 50 % for compassionate appointment in terms of the Office Memorandum, dated 17.09.2015. 11. The aforementioned documents have not been disputed by the respondent side. The learned Govt. Advocate submits that she has no objection in the event of issuing any direction to the respondent authorities to appoint the petitioner to any of the vacant posts which will be arising from June, 2022 to September, 2022. It is an undeniable fact that after the death of sole bread winner, the members of the family faces acute hardship. Therefore, there should be no delay in appointment on compassionate grounds, as the purpose of providing appointment on compassionate ground is to mitigate the hardship. 12. In the case of Sushma Gosai (supra) Hon’ble Supreme Court had held as under:- “We consider that it must be stated unequivocally that any claims for appointment on compassionate grounds, there should be no delay in appointment. The purpose of providing appointment on compassionate ground is to mitigate the hardship due to death of the bread earner in the family. Such appointments should, therefore, be provided immediately to redeem the family in distress. It is improper to keep such case pending for years. It there is no suitable post for appointment supernumerary post should be created to accommodate the applicant”. 13. Such appointments should, therefore, be provided immediately to redeem the family in distress. It is improper to keep such case pending for years. It there is no suitable post for appointment supernumerary post should be created to accommodate the applicant”. 13. In view of the above factual as well as the legal position, and also as agreed to by the learned Advocates of both the parties, this instant writ petition stands disposed of at this admission stage itself by directing the State respondents to appoint the petitioner to any of the Group ‘C’ or ‘D’ posts, that will be arising during the month of June, 2022 to September, 2022 as indicated in the letter dated 26.05.2022, No. CE/PHE/GEN-EST/2005, issued by the Chief Engineer, PHED, Sanitation & WSSO, Nagaland, Kohima. The above exercised has to be carried out within a period of 2 (two) months from the date of receipt of a certified copy of this judgment and order. The petitioner shall obtain a certified copy of this judgment and order and shall place the same before the respondent authorities within a week from today. 14. In the given facts and circumstances on the record, it is provided that the parties shall bear their own cost(s).