IMPORTANT POINT
The court affirmed that government employment based on landownership is not guaranteed perpetually and must adhere to existing policies on vacancies.

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 an application dated 17.09.2018 which is Annexure-C to the petition addressed to the respondent No. 3 to consider his appointment on the basis of landownership to the post of Medical Attendant on retirement of one Shri. Vizhulie Angami. However, the respondent No. 5 was appointed to the said vacant post by an order dated 13.12.2018, (Annexure-D) who is not a landowner and accordingly, the petitioner was denied the appointment in violation of the agreement dated 13.01.1998.

3. As per the agreement dated 13.01.1988 which is Annexure-A to the writ petition, it is stated that the first three landowners are already given Grade-IV post and the last Mr. Duolie Angami is yet to be given a Grade-IV post. It is stated in the said agreement that all agreements were finally settled, as per the original agreement and no further land dispute will arise provided the one Grade-IV post is given to one brother of Mr. Duolie of Nerhema Village.

4. The Learned counsel for the petitioner referring to his pleadings, at paragraph 8 and 9 of the writ petition has stated that so far not a single member from his family has been appointed to any Grade-IV post in the said Community Health Centre (CHC) Chiephobozou, whereas, the other three landowners have been availing several chances of appointment. He has categorically stated that none of his family members has been appointed to any Grade-IV post on the basis of landownership. The petitioner further, states that non consideration of his appointment to a Grade-IV post by the State respondents is in violation of the agreement dated 13.01.1988 and he therefore, prays for a direction to appoint him to the post of Medical Attendant at Community Health Centre (CHC), Chiephobozou, on the strength of being one of the landowners.

5. Learned counsel for the petitioner has also relied on an affidavit dated 05.09.2018 executed by one Shri. Neivotsolie Pezieyie, son of late Tsorhielie Pezieyie, which is Annexure-C 1 to the writ petition, wherein, Shri. Neivotsolie Pezieyie has sworn that the petitioner is the rightful candidate to be appointed in the vacant post of Medical Attendant at Community Health Centre (CHC) Chiephobozou.

6. Further, Mr. Elivil Zao, the learned counsel for the petitioner has also referred to an order of this Court dated 15.10.2024 wherein this Court had directed the Government Advocate to place the necessary instructions from the Government Department as to whether Shri. Duolie Angami and Shri. Pfuzielie, are brothers/relatives of the same descendent, who have donated the land for construction of the Chiephobozou Civil hospital. In compliance of this order the Government respondents have filed an additional affidavit annexing a letter from the respondent No. 4 to the respondent No. 3 vide letter