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DEVASHIS BARUAH
T Chaobi Thonger, S/O Shri. Thsachumong Sangtam – Appellant
Versus
State Of Nagaland Represented By The Chiefr Secretary – Respondent
JUDGMENT :
Devashis Baruah, J.
Heard Mr. Tongpok Pongener, the learned counsel appearing on behalf of the petitioner and Ms. A. Ayemi, the learned Government Advocate appearing on behalf of the State respondents. I have also heard Ms. Apila Sangtam, the learned counsel appearing on behalf of the private respondent No.5.
2. The instant writ petition has been filed challenging the administrative approval so granted to the post of Bull Attendant in favour of the respondent No.5 vide the communication dated 06.03.2023 against the vacancy caused upon the retirement of one Lt. Thritingba Sangtam.
3. The case of the petitioner herein is that the Respondent Authorities failed to take into consideration that the land wherein the Dispensary, Veterinary & Animal Husbandry, Chare, Tuensang is situated belonged to the father of the petitioner and as such, on account of a verbal agreement, the petitioner ought to have been considered for appointment on land ownership basis rather without carrying out any verification as is required to be done in terms with the Notification No.LR/6-181/LIT/2015 dated 05.03.2018 and more particularly, in terms with Clause 3(b), the Respondent Authorities have processe
Administrative approvals for public posts must comply with Articles 14 and 16 of the Constitution, ensuring due process and advertisement.
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.
Employment under government policy is limited to one land owner per post, disallowing descendants from claiming rights to such appointments after an initial appointment.
The appointment process based on landownership must adhere to established policies, ensuring proper verification and compliance with constitutional provisions.
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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