IMPORTANT POINT
Landowner employment rights are limited to the original appointee and do not extend to descendants, as per government policy.

JUDGMENT :

KAKHETO SEMA, J.

1. Heard Ms. Z. Zhimomi, learned counsel for the petitioner, Ms. A. Ayemi, learned Government Advocate for the State respondents and Ms. Imnasenla, learned counsel for the respondent No. 5.

2. The present writ petition has been filed for a direction to quash and set aside the appointment/regularisation of the respondent No. 5 as the Chowkidar, Veterinary Dispensary, Atoizu and to appoint the petitioner to the said post on landownership basis.

3. The facts of the case in brief, as projected by the petitioner is that, the petitioner is the owner of the land where the present Veterinary Dispensary, Atoizu is located. The Dispensary was established in the year 1978. The petitioner on 05/07/2018 submitted the application to the Principal Director, Veterinary & Animal Husbandry, Nagaland, Kohima, for appointment to the post of Chowkidar at Veterinary Dispensary, Atoizu against the resultant vacancy caused due to the death of the incumbent late Vinito Sema. The Chief Veterinary & A.H. Officer, Zunheboto, Nagaland, by the letter dated 23/07/2018, forwarded the application submitted by the petitioner, to the Director, Animal Husbandry & Veterinary Service, Nagaland, Kohima. Consequent thereto, the Director, A.H & Veterinary Services, Nagaland, Kohima, by the letter dated 06/09/2018 forwarded 2(two) applicants, namely the petitioner and one Shri. Vinito Aye to the Commissioner & Secretary, Department of A.H & Veterinary Services, Nagaland, Kohima for considering the appointment to the said post. The Government of Nagaland in the department of A.H & Veterinary Services thereafter issued the letter dated 18/01/2019 conveying the administrative approval for appointment of Shri. Vinito Aye to the post of Chowkidar at Veterinary Dispensary, Atoizu under CVO, Zunheboto. The petitioner immediately submitted the complaint dated 03/02/2019 to the Director, A.H & Veterinary Services, Nagaland, Kohima, for cancelling the appointment of Shri. Vinito Aye to the said post. However, the Government of Nagaland, Directorate of A.H & Veterinary Services, Nagaland, Kohima has issued the appointment order dated 09/03/2019 regularising the contingency (fixed pay) service of the respondent No. 5 to the post of Chowkidar at Veterinary Dispensary, Atoizu, consequent to the approval of the Government. That against the appointment of the respondent No. 5, the petitioner has submitted the representation dated 10/06/2019 to the Director, A.H & Veterinary Services, Nagaland, Kohima, however as the representation has not been considered by the authorities, the present writ petition has been filed.

4. Ms. Z. Zhimomi, learned counsel for the petitioner, at the outset, submits that the petitioner’s family had conveyed the land to the department for establishment of the Veterinary Dispensary at Atoizu, under an oral agreement, that the land owners will be considered for appointment to Grade-IV post and for award of the contract works in the said establishment. The ownership of the land of the petitioner being undisputed, Ms. Z. Zhimomi submits that there can be no reason as to why the petitioner should not be appointed to the said post. Ms. Z. Zhimomi in support of her submission has relied on the notification dated 05/03/2018 and the Office Memorandum dated 16/08/2018, both issued by the Government of Nagaland, Land Revenue Department laying down the policy of the Government for appointment of land owners to Grade-IV post under the Government of Nagaland.

5. Ms. Z. Zhimomi, in particular, has laid stress on Clause-3(b) of the notification dated 05/03/2018 which provides as follows:

“3(b). If there is any claim for providing employment as a result of oral agreement, the Department concerned shall refer the matter to the Deputy Commissioner of the District concerned who shall examine such claim carefully including whether any employment or any other facility including contract or supply order has been given in the past. Written statements from the wi