JUDGMENT :

1. The petitioner has instituted the writ petition under Article 226 of the Constitution of India seeking setting aside and quashing of an Office Order bearing no. E-In-C/ESTT- 7/APPP/17[TULI]/2020 dated 04.03.2020 issued under the hand of the respondent no. 3 i.e. the Engineer-In-Chief, Nagaland Public Works Department [NPWD], Nagaland, Kohima whereby the respondent no. 6 has been appointed in a Grade - IV post of Chowkidar on temporary basis with effect from the date of his joining the post and posted in the establishment of the respondent no. 5 i.e. the Executive Engineer, P.W.D. [R&B], Feeder Roads Division, Tuli, District – Mokokchung, Nagaland and also for a direction to the respondent authorities to appoint the petitioner against the said post.

2. The case that is laid before the Court by the petitioner, in brief, is that :

2.1. The Government of Nagaland in the Land Revenue Department having considered the peculiar land holding system prevailing in the State of Nagaland, has framed a policy relating to appointments in Grade - IV posts under the Government of Nagaland on landownership basis and the said policy has been notified by a Notification bearing no. LR/6-181/LIT/2015 dated 05.03.2018. The guidelines framed in the policy is followed by the State Government in making appointments in Grade - IV posts whenever it is found that the piece of land where any Government office is set up, was donated freely by individuals, villages or people of that area, as the case may be, and there is either a specific written agreement or an oral agreement, entered into at the time of taking the piece of land, to provide employment to the members of the families of the landowners.

2.2. In the year 1967, the Merangkong Village Council, District – Mokokchung had donated a plot of land, measuring about 15 acres, at Tuli for establishment of the office of the then Sub-Divisional Officer [SDO], PWD [R&B], Tuli and the said office had, later on, been upgraded to the present office of the Executive Engineer [R&B], Feeder Roads Division, Tuli [the respondent no. 5].

2.3. A vacancy in a Grade - IV post of Chowkidar in establishment of the respondent no. 5 was likely to arise on 30.11.2019 due to retirement of one Sri Probin Gogoi. In view of the impending vacancy in the said Grade - IV post of Chowkidar on 30.11.2019, the petitioner decided to submit his candidature for the said post on landownership basis in terms of the policy of the State Government for appointment in Grade - IV posts, notified vide the Notification dated 05.03.2018. To support the petitioner’s such claim for the said Grade - IV post on landownership basis, the petitioner was issued a certificate by the Merangkong Medemsanger Putu Menden on 22.06.2019 recommending the petitioner’s name for appointment against the post of Chowkidar in the establishment of the respondent no. 5 which was to arise with the retirement of Sri Probin Gogoi. The petitioner stated to have submitted his candidature for the likely vacancy in the Grade - IV post of Chowkidar along with the said certificate issued by the concerned Village Council. On receipt of the application from the petitioner, the respondent no. 5 had forwarded the same vide his letter bearing no. EE/FR/TLI/ESTT-02/115 dated 25.06.2019 to the respondent no. 3 strongly recommending the case of the petitioner. Thereafter, when the petitioner was expecting his appointment in the said Grade - IV post of Chowkidar in the establishment of the respondent no. 5, the impugned Office Order bearing E-In-C/ESTT-7/APPP/17[TULI]/2020 dated 04.03.2020 came to be issued under the hand of the respondent no. 3 and the same has been assailed in the instant writ petition seeking the reliefs, mentioned above.

3. I have heard Mr. Moa Jamir, learned counsel for the petitioner; Mr. V. Zhimomi, learned Junior Government Advocate, Nagaland for the respondent nos. 1 – 5; and Mr. Taka Kichu, learned counsel for the respondent no. 6.

4. Mr. Jamir, le