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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
YARENJUNGLA LONGKUMER
Medoneituo Sere S/o Duolie Chadi – Appellant
Versus
State Of Nagaland – Respondent
JUDGMENT :
YARENJUNGLA LONGKUMER, J.
Heard learned counsel, Mr. Elivil Zao for the petitioner, Ms. Livika, learned Government Advocate and Shri. Limawapang, learned counsel for the respondent No. 5.
1. The present writ petition is filed by the petitioner praying for appointment to a Grade-IV post, under the Department of Health and Family Welfare Government of Nagaland, on the basis of landownership. The contention of the petitioner is that the present Community Health Centre (CHC for short) Chiephobozou, Kohima, Nagaland, was donated without any compensation by four landowners namely, 1). Shri. Charu Rulho, 2). Shri. Tsorhielie Peziyie, 3). Shri. Riivese Chadi, and 4). Shri. Duolie Siere.
2. Learned counsel appearing for the petitioner, Shri. Elivil Zao has stated that the petitioner is the son of Shri. Duolie, who is one of the landowner and his name appears at Sl. No. 4 in the agreement dated 13.01.1988. He has made a submission that the family members of all the other three landowners had been given appointment in Grade-IV post by the State respondents. However, his family had not been given any appointment. Accordingly, the petitioner submitted
The court affirmed that government employment based on landownership is not guaranteed perpetually and must adhere to existing policies on vacancies.
Appointment based on landownership was limited to the first landowner, confirming no perpetual employment rights for descendants under constitutional provisions.
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 appointment of a public post must adhere to Articles 14 and 16 of the Constitution, ensuring equal opportunity through proper advertisement.
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.
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