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. Violation of such policies renders the agreement null and void, and the petitioner has no enforceable right to claim appointment based on the agreement.

JUDGMENT :

Heard Mr. Joshua Sheqi, learned counsel for the petitioner and Ms. A. Ayemi, learned Government Advocate for the State respondents.

2. The present writ petition has been filed seeking for a direction to the State respondents to consider the appointment of the petitioner to a Grade-IV post by enforcing the agreement dated 01/03/2011 executed between the landowner and the Additional Deputy Commissioner, Seyochung Town, in the district of Kiphire, Nagaland.

3. The case in brief is that, the petitioner is the daughter-in-law of Shri. Avito Kinimi, the owner of the plot of land at Seyochung town, which has been acquired by the respondents for construction of the Administration Rest House (hereinafter referred as, ARH).

4. That an agreement dated 01/03/2011 was executed between Shri Avito Kinimi, the landowner, and the Additional Deputy Commissioner, Seyochung town, the respondent No. 3, by which it was agreed that the landowner shall donate his land measuring 40/60 sq. ft. to the respondent No. 3 for construction of the ARH at Seyochung town and the respondent No.3 had agreed to give the first preference of appointment to the landowner, in the event the Grade-IV post is created against the office of the respondent No.3, to compensate for the land donated.

6. That the petitioner on 11/03/2014 submitted the application to the Deputy Commissioner, Kiphire, Nagaland, the respondent No.2, requesting for appointment to the post of Sweeper at ARH, Seyochung. The application was routed through the respondent No.3 with a recommendation to consider the appointment of the petitioner to the post of Sweeper on landowner basis. The said application was thereafter forwarded by the respondent No. 2 to the respondent No.1 i.e. Commissioner Nagaland. The office of the respondent No.1 however by the letter dated 14/07/2014 informed the respondent No.2 to assign one of the three Sweepers appointed against the office of the respondent No.3 to look after the ARH, Seyochung. The respondent No.3 thereafter again wrote the letter dated 31/07/2014 to the respondent No.2 to consider the appointment of the petitioner on contingency basis, to be regularized, as and when the post is created. The landowner certificate issued by the concerned village council was also enclosed in the letter of the respondent No.3. Mr. Avito Sumi, the landowner, also wrote the letter dated 27/10/2014 to the respondent No.1 to appoint the landowner as Sweeper at ARH, Seyochung, stating that the landowner has not avail any compensation either financial or employment for the land donated. The respondent No.1 was also informed that unless the matter is amicably settled, the respondents will not be allowed to utilize the ARH. The Sub-Divisional Officer, Kiphire, Nagaland, by letter dated 29/03/2017, also forwarded the application submitted by the petitioner to the respondent No.1 for appointment to the post of Sweeper at ARH, Seyochung. The office of the respondent No.1 thereafter by the letter dated 03/07/2017 informed the respondent No.2 to examine and take necessary action on the application submitted by the petitioner. The petitioner also address the representation dated Nil to the respondent No.1 to appoint the petitioner to Grade-IV post considering that the petitioner has not avail any compensation, financial or appointment in service. So also by the letter dated Nil/05/2018, the landowner reminded the respondent No.1 to honour the agreement failing which it was conveyed that the ARH would be shutdown. The Minister, Soil & Water Conversation & Geology & Mining, Nagaland, Kohima, also by the letter dated 16/05/2018 requested the respondent No.1 to consider the appointment of the petitioner as a Sweeper against the ARH or to any Grade-IV post on priority basis.

7. That the Government of Nagaland, in the Land Revenue Department thereafter, wrote the letter dated 12/11/2018 to the respondent No.1 enclosing the view and comments of Justice & Law department and the P & AR departme