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DEVASHIS BARUAH
Vungathung Ovung, S/o H. Benjamin Ovung – Appellant
Versus
State Of Nagaland – Respondent
JUDGMENT :
Heard Mr. Taka Kichu, the learned counsel appearing on behalf of the petitioner. I have also heard Ms. A. Ayemi, the learned Government Advocate appearing on behalf of the State respondents and Mr. L. Likhase Sangtam, the learned counsel appearing on behalf of the respondent No. 4.
2. The present writ petition has been filed challenging the appointment made in favour of the respondent No. 4 vide the impugned appointment order bearing No.VET/EST-3/WKA/VI/2019-20 dated 18.12.2019 at VHC Lotsu as well as further seeking a direction upon the State respondents to consider the case of the petitioner in terms with the land ownership scheme against the Grade-IV post.
3. To adjudicate the dispute involved in the instant proceedings, this Court finds it relevant to take note of the facts which led to the filing of the instant writ petition.
4. The petitioner herein claims to be the son of Shri H. Benjemen Ovung. For the establishment of the Animal Husbandry & Veterinary Services at Lotsu village, the petitioner claims that the family of the petitioner and one Shri Kilumo Lotha’s family who were the original land owners, had parted with a plot of land on the basis of a verbal agreement
The appointment of a public post must adhere to Articles 14 and 16 of the Constitution, ensuring equal opportunity through proper advertisement.
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.
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.
The court confirmed that agreements lacking mutual consent do not establish enforceable rights, and policies favoring landowners who donated land are not discriminatory against those who sold their l....
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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