IMPORTANT POINT
The Court established that employees appointed on land ownership basis have a right to reinstatement when their terminations are found unjustified, reinforcing principles of equality in public employment.

JUDGMENT :

BUDI HABUNG, J.

1. Heard Ms. Z. Zhimomi, learned counsel for the petitioners. I have also heard Mr. V. Zhimomi, learned Government Advocate for the State respondents.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioners, 8 in numbers has made the following prayer:

(i) To reinstate the petitioners as Medical Attendants, Dresser, Mali, Sweeper and Ayah Grade-IV posts by virtue of being the landowners of the standing PHCs and Sub-Centres established under the CMO Zunheboto.

(ii) To appoint the petitioners as Medical Attendant, Dresser, Mali, Sweeper and Ayah or any Grade-IV posts by virtue of being the landowners of standing PHCs and Sub-Centre established under the CMO Zunheboto as per the scheme adopted by the respondent’s government.

3. The facts and circumstances of the case of the petitioners leading to the filing of this writ petition are briefly stated as follows:

(i) The petitioner No. 1 was temporarily appointed as Medical Attendant (for short MA) by order bearing no. CS-1/Estt-2/2005-06 dated 13thJune, 2006, against the existing vacancy of voluntary retirement of one Smti. Henili MA, Akuluto PHC.

(ii) The petitioner No. 2was temporarily appointed as Dresser at Satoi PHC, by order bearing no. CS-1/Esst-2003-04 dated 23.10.2003.

(iii) The petitioner No. 3 was temporarily appointed as Mali at Sataka PHC by order bearing No. CS-1/Esst-2008-09 dated 14.07.2008.

(iv) The petitioner No. 4 was temporarily appointed as Sweeper at YemisheSub-Centre by order bearing No. CMO-1/Esst-2/2008-09 dated 04.09.2008.

(v) The petitioner No. 5 was temporarily appointed as MA at Sub-ordinate establishment under CMO, Zunheboto by order bearing No. CMO-1/Esstt-2/2009-10 dated 2.7.2009.

(vi) The petitioner No. 6 was temporarily appointed as Ayah at Yezhami Sub-centre by order bearing No. CS-1/Estt-2/2006-07 dated 24.01.2006.

(vii) The petitioner No. 7 was temporarily appointed as MA,Ighanumi PHC by order bearing DHFW-3/117/MA/ZBTO/PT-II/01-02 dated 29.01.2007 and subsequently by order bearing no. CMO-1/Esstt-2/06-07 dated 26th March, 2007, she was transferred to Ghokhuvi Sub-centre.

(viii) The petitioner No. 8 was temporarily appointed as MA against Satakha PHC by order bearing No. NO. CMO-1/Esst-4/2008-09 dated 2nd August, 2008.

4. Since landowner appointment being regular appointments, all the petitioners were allowed to open their service book by the respondents and their GPF deducted as per norms.

5. When the petitioners were continuing their services in their respective posts, the Directorate of Vigilance and Anti-Corruption Police/respondent no. 3 was called upon to enquire into the appointments made under the Health and Family Welfare Department on the allegation that the same were made without sanctioned posts and the appointments were made with the forged signatures of the appointing authority.

6. Subsequently, the respondent no. 3 issued the Office Memorandum dated 05.05.2014 directing all the concerned CMOs, MS of the districts to verify and authenticate the land ownership issued and to submit report within 15 days wherein the petitioners name were shown at serial Nos. 26, 28, 30, 31, 32, 33, 34 and 35.

7. After completion of investigation, the final report in connection with the investigation of appointments made without sanctioned post and suspected forged signature of the authority in the Health and Family Welfare, Nagaland was submitted on 04.12.2014. As per the final report, the finding against the petitioners have been reflected as under:

“........As per the examination of the documents of the employees, the following employees fall within the landowners category of appointees without post:

(a) Landowners and transferred cases under the CMO Wokha=10 Nos.

(b) Landowners death case and the disability case under the CMO Mokokchung=12 nos.

(c) Landowners but without existing vacancies under CMO Kiphire=3 nos.

(d) Existing vacancy, resignation and voluntary retirement cases under the CMO Zunheboto=8 nos