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KAKHETO SEMA
Inoka Sema S/o Nihozu Sema – Appellant
Versus
State of Nagaland – Respondent
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,
Landowner employment rights are limited to the original appointee and do not extend to descendants, as per government policy.
Appointment based on landownership was limited to the first landowner, confirming no perpetual employment rights for descendants under constitutional provisions.
The appointment of a public servant based on land ownership is valid if made prior to the enactment of a policy limiting such appointments, which does not have retrospective effect.
The central legal point established in the judgment is the requirement to adhere to the principles of Article 14 and Article 16 of the Constitution of India in appointments, and the directive to fill....
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.
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....
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.
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 affirmed that government employment based on landownership is not guaranteed perpetually and must adhere to existing policies on vacancies.
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