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KAKHETO SEMA
Shikani Permanent – Appellant
Versus
State Of Nagaland – Respondent
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 a
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....
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 established that the petitioners had no right to claim appointment against the donated land and were not eligible for appointment under the notification dated 05/03/2018.
The court established that agreements favoring landowners for government employment do not negate the requirement for a fair and transparent recruitment process, as mandated by constitutional provisi....
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.
Point of Law : Condition of advertisement shall be dispense with, but a fair and transparent eligibility criteria shall be adopted for the appointment with due approval of the Government.
Employment quotas based on land ownership are invalid when a government policy mandates acquisition strictly through monetary compensation and the governing agreement between the parties expressly wa....
Landowner employment rights are limited to the original appointee and do not extend to descendants, as per government policy.
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