JUDGMENT :

Heard Mr. Imti. Longjem, learned counsel for the petitioner, Mr. V. Zhimomi, learned Government Advocate for the State respondent No. 1 & 2 and Mr. C. T. Jamir, learned Sr. counsel for the respondent No. 3 assisted by Mr. I. Imchen, learned counsel.

2. The present writ petition has been filed seeking for the following relief;

“A. Quash and set aside Order No. LAW/JE-42/2012 dated 10/08/2017 (Annexure-6) and Order No. LAW/JE-42/012 dated 11/08/2017 (Annexure-7) in so far as the respondent No.3 is concerned.

B. Direct the State respondents to appoint the petitioner to the post of Peon in the Office of the Principal District & Sessions Judge, Mokokchung on the basis of landownership in place of the respondent No.3.”

3. The case of the petitioner in a nutshell is that the respondent No. 3 who is not the land owner cannot be appointed as a peon in the Office of the Principal District & Sessions Judge, Mokokchung, by depriving the landowner(s). The case in brief is as follows;

i) That by the letter dated Nil address to the Commissioner & Secretary, Department of Justice & Law, Nagaland, Kohima, the petitioner applied for the post of Peon in the Office of the District & Sessions Judge, Mokokchung, Nagaland, on landownership basis against the resultant vacancy caused due to the death of one Shikaba Sangtam, the incumbent. The said letter was followed by the representation dated 29/06/2017 supported by the certificate dated 21/04/2017 issued by the Chairman, Mokokchung Village Council and the certificate dated 17/04/2019 issued by the landowners of Kichu clan (Descendants of Terasangba).

ii) That when the matter was thus situated, the petitioner came across the circular dated 04/08/2017 issued by the department of Justice & Law, Kohima, informing that the Departmental Screening Committee will conduct a screening test on 09/08/2017 in the Office Chamber of the Secretary (J&L) for recruitment to Grade-IV post. All committee members were therefore requested to make it convenient to positively attend the meeting. All the applicants were also asked to report at the venue at 10:30 A.M along with their supporting documents. The circular was displayed in the notice board of the department of Justice & Law. Since the petitioner had earlier applied for the post, he appeared before the screening committee.

iii) That by the impugned order No. LAW/JE-42/2012 dated 10/08/2017 issued by the department of Justice & Law, the persons selected for the Grade-IV post was notified. The private respondent was selected for the post of peon in the Office of the Principal District & Sessions Judge, Mokokchung. Thereafter, by the impugned order No. LAW/JE-42/2012 dated 11/08/2017, the private respondent was appointed to the said post, by the department, in the Office of the Principal District & Sessions Judge, Mokokchung.

iv) The landowners i.e. Kichu clan (descendants of Terasangba) accordingly submitted the application dated 23/08/2017 objecting to the appointment of the private respondent and to issue the appointment in favour of the petitioner.

4. Mr. Imti Longjem, the learned counsel for the petitioner submits that the land on which the Court of the District & Sessions Judge Court, Mokokchung, is located originally belongs to the family/clan of the petitioner. The land was acquired by the State Government without paying any compensation to the land owners and therefore as per the prevailing practice, the petitioner and his clan members have a right to be appointed to the Grade-IV post in the said establishment. Mr. Imti Longjem submits that there are several Government establishments in Mokokchung located on the land which has been occupied in similar manner without paying any land compensation but where the Grade-IV appointment has been extended to the land owners and to substantiate his submission, the learned counsel has taken this Court to the various orders issued by the different departments appointing the land owners to Grade-IV post.

5. The learne