JUDGMENT :

Heard Mr. A. Sophie, learned counsel for the petitioner along with Mr. Moa Imchen, learned senior Government Advocate for the State respondent Nos. 1 to 4 and Mr. Joshua Sheqi, learned counsel for respondent No. 5.

2. The instant writ petition filed under Article 226 of the Constitution of India is for a direction to the State respondents to appoint the petitioner to the post of Animal Attendant, Grade-IV at Veterinary Dispensary (VD), Jakhama under the Chief Veterinary Office, Kohima, Nagaland, on the strength of being one of the land owners and for setting aside the order dated 31.03.2023, in appointing the respondent No. 5 and to adhere to the agreement dated 08.12.1975, wherein, the land owners were made to declare that they will part with their respective plots of land for the establishment of Animal Husbandry and Veterinary Outpost at Jakhama, for a consideration of Rs. 1,500/-per acre of land and with a condition that they will be given first opportunity in case a vacancy being created to a grade IV post.

3. Mr. A. Sophie, learned counsel for the petitioner submits that the petitioner is one of the land owners where the present Veterinary Dispensary is situated at Jakhama Village. The petitioner submits that till date no one from the petitioner’s family has been appointed to Grade-IV in terms of the agreement made with the respondents while the respondent No. 5, videorder dated 31.03.2023 was appointed to Grade-IV post on the retirement of one Shri Tepuseo Tase. The petitioner is aggrieved by the appointment of respondent No. 5 since both Tepuseo Tase and the respondent No. 5 are the descendants of the same land owner, i.e. Shri Khuzon. The petitioner, anticipating his appointment on the retirement of the mentioned Shri Tepuseo Tase had made a representation for his appointment on 09.07.2021. However, the State respondents instead of considering his representation had appointed the instant respondent no. 5 vide order dated 31.03.2023. The learned counsel for the petitioner submits that the appointment of respondent No. 5 is mala fide, discriminatory and arbitrary and in violation of the Office Memorandum issued by the Government, Land Revenue Department dated 16.08.2018, where it was clarified “(b) that it is not the policy of the Government to provide employment or other facility to the land owner in perpetuity. The employment or other facility of landowner, if permitted bu a verifiable and valid agreement, is limited to the first person appointed as landowner in the Government service and does not entitle his descendants for further employment or other facility on his retirement from service.” The learned counsel therefore submits that since Shri Tepuseo Tase is the descendants of one of the land owners Shri Khuzon and he was already appointed as Grade –IV, on his retirement, it is the chance of the instant petitioner, who is the grandson of Shri Kuosa, one of the land owners and marked as Sl. No. 2 in the agreement deed, to be appointed. That Shri Kuosa was one of the largest contributors of the land for the construction of the present Veterinary Dispensary, Jakhama. That the appointment of Respondent no.5 was done without any newspaper publication/advertisement and the petitioner was never made aware of the rejection of his application.

4. The learned counsel for the petitioner also submits he had applied for the post of Grade-IV at Veterinary Dispensary (VD), Jakhama on 09.07.2021and on the retirement of Shri Tepueo Tase on 30.09.2021, a vacancy was created in the Grade-IV post. The learned counsel submits that even though he was over-aged then, the Office Memorandum dated Kohima, 16.07.2021 Office Memorandum issued by Government of Nagaland, Department of Personnel and Administrative Reforms (Administrative Reforms Branch) which provided age relaxation for entry into Government service for a period of one year w.e.f. 22.04.2020 and a further Office Memorandum dated 28.02.2022 provided age relaxation for an