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SONGKHUPCHUNG SERTO
Throngpenthsi Sangtam, W/o Shri. Lichose Sangtam – Appellant
Versus
State Of Nagaland – Respondent
JUDGMENT :
The petitioner is aggrieved by the Office Letter No. HFW(A)-8/53/2018/239 dated 22.10.2018, of the Under Secretary to the Government of Nagaland, Health & Family Welfare Department giving approval for appointment of the private respondent (respondent No. 12) and the consequential office Order No. DHFW-3/VACANCY/GR-IV/KPE/2017-18/7271-75 dated 25.10.2018 of the Principal Director, Directorate of Health & Family Welfare appointing the same respondent to the post of Medical Attendant at Longya Sub-center under the establishment of the Chief Medical Officer, Kiphire ignoring her application for appointment to the same post on land-ownership basis. Therefore, she is before this Court challenging the two documents and praying for quashing and setting them aside and to appoint her in place of the private respondent No. 12.
2. Heard Mr. I. Imti Longchar, learned counsel appearing for the petitioner, Ms. Anungla Lkr, learned counsel appearing for respondent Nos. 8 to 11, Ms. Apila Sangta
The appointment of a public servant based on land ownership is valid if made prior to the enactment of a policy limiting such appointments, which does not have retrospective effect.
Employment benefits based on historical land agreements are governed by current policy and limited in scope, not perpetuity. Additionally, the judiciary is restricted to the pleadings presented and c....
The court affirmed that government employment based on landownership is not guaranteed perpetually and must adhere to existing policies on vacancies.
A petitioner must come to court with clean hands and disclose all material facts; failure to do so can result in dismissal of the claim.
Employment benefits derived from land donation are not perpetual or hereditary and are exhausted upon the initial appointment. Furthermore, a candidate who participates in a selection process is esto....
The main legal point established in the judgment is that an agreement for appointment on landownership basis must comply with government policies on land acquisition and appointment to Grade-IV posts....
Appointment based on landownership was limited to the first landowner, confirming no perpetual employment rights for descendants under constitutional provisions.
The court established that appointments based on landownership must adhere to specific guidelines, ensuring fair consideration and the necessity of open advertisements for filling vacancies unless ju....
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