LANUSUNGKUM JAMIR, J.

1. The petitioner is the land owner over which the Veterinary Dispensary/Veterinary Outpost at Molungkimong is located under Mokokchung District. The said Dispensary/Veterinary Outpost (VOP) was established in the year 1979 with the condition that petty contract works and appointment to Grade-IV post that may arise in the said Veterinary Dispensary/VOP at Molungkimong Village shall be given to the land owner. In terms of the agreement, construction work of office building of Veterinary Dispensary/VOP at Molungkimong was awarded to the land owner. Further, when a Grade-IV post of Chowkidar arose, the father of the petitioner nominated and recommended one Shri Lanutemjen for appointment and was accordingly appointed to the post of Chowkidar in the year 1980 who is still serving in the Department Another Grade-IV post of Medicine Carrier arose in the year 1980 and one Shri Imkonglemba was appointed to the said post on the nomination/recommendation of the father of the petitioner. The said appointments as well as the construction works undertaken for the office building by the land owners were done in terms of the verbal agreement entered between the Department and the land owner.

The said Shri Imkonglemba who was appointed as Medicine Carrier under the Veterinary Dispensary/VOP in the year 1980 was to retire with effect from 30.04.2015 and therefore, the petitioner as a land owner submitted an application for appointment to the said post of Medicine Carrier at Veterinary Dispensary/VOP Molungkimong on 25.2.2015. A certificate was also issued by the Village Council of Molungkimong Village on 25.02.2015 certifying that the petitioner is the son of Shri Lidemnuken who is the land owner over which the Veterinary Dispensary/VOP at Molungkimong Village is located. A recommendation was also made by the Parliamentary Secretary, Agriculture & Chairman NSAMB, Nagaland on 25.02.2015 recommending the case of the petitioner for appointment on the basis of land ownership. However, the Government by letter dated 17.7.2015 approved the case of the respondent No. 5 who was serving as Medicine Carrier on contingency basis at VHC Chuchuyimlang under CVO Mokokchung for regularization against the retirement vacancy of the said Shri Imkonglemba. By the same approval letter dated 17.7.2015, the case of the petitioner was also approved for appointment as Medicine Carrier on contingency basis at VHC, Chuchuyimlang and temporarily attached at VOP, Molungkimong. The said approval letter was issued on the approval of the Parliamentary Secretary, Veterinary & Animal Husbandry dated 16.7.2015. In terms of the approval letter dated 17.7.2015, the respondents issued an order dated 21.7.2015 regularizing the respondent No. 5 to the post of Medicine Carrier at VOP, Molungkimong and temporarily attached at VHC, Chuchuyimlang. By another order dated 21.7.2015, the petitioner was also appointed as Medicine Carrier on contingency basis at VHC, Chuchuyimlang and attached at VOP, Molungkimong.

The present writ petition has been filed claiming that the petitioner should have been appointed as Medicine Carrier at Molungkimong on the basis of land ownership and not at Chuchuyimlang.

Heard Mr. C.T. Jamir, learned senior counsel assisted by Mr. Yalemsen, learned counsel for the petitioner. Also heard Mr. T.B. Jamir, learned Senior Additional Advocate General, Nagaland appearing for the State respondents as well as Mr. Taka Masa, learned senior counsel assisted by Mr. Arenlong, learned counsel appearing for the respondent No. 5.

2. Mr. C.T. Jamir, learned senior counsel for the petitioner submits that when the land over which the Veterinary Dispensary/VOP was donated to the Department of Veterinary & Animal Husbandry for setting up the same, no compensation was taken by the father of the petitioner who was the land owner and instead, a verbal agreement was made that the contract works and Grade-IV appointment would be made to the land owner. Theref