Employment under government policy is limited to one land owner per post, disallowing descendants from claiming rights to such appointments after an initial appointment.

JUDGMENT :

YARENJUNGLA LONGKUMER, J.

1. The facts pertaining to the present writ petition is that under the establishment of the Assistant Director Food and Civil Supply, Mokokchung, Nagaland, a vacant post of Scale man arose due to the retirement of one Shri. Sentitemsu w.e.f., 31.01.2020. The petitioner being eligible to be appointed against the said post applied for the same as the sole land owner candidate. The State Authorities vide impugned approval letter dated 23.03.2020 conveyed its approval for appointment of the private respondent No. 4 against the said vacant post. The Director, Department of Food and Civil Supplies, Nagaland, vide letter dated 16.09.2020 requested the respondent No. 1/Commissioner and Secretary to the Government of Nagaland, Department of Food and Civil Supply, Nagaland to review the said approval letter on the ground that the post is claimed by the land owner and as per relevant records the respondent No. 4 was over age. However, the case of the petitioner was not considered and by the impugned order dated 13.01.2023 the respondent No. 4 was appointed against the said vacant post of scale man on extraneous consideration and in violation of the constitutional scheme of public employment. Being aggrieved the petitioner is before this Court.

2. I have heard learned counsel for the petitioner, Mr. Limawapang. Learned Government Counsel, Mr. Veto V. Zhimomi and learned counsel Mr. Tongpok Pongener for the respondent No. 4.

3. Learned counsel for the petitioner has contended that the Government of Nagaland vide Notification No. LR/6- 181/LIT/2015/493 dated 05.03.2018 has notified a policy with regard to appointment to Grade IV Posts under the Government of Nagaland, on the basis of land ownership. Clause 3 (b) of the said Notification prescribes that, if there is any claim for providing employment as a result of oral agreement, the department concerned shall refer the matter to the Deputy Commissioner of the concerned district who shall examine such claim. Thereafter, the recommendation of the Deputy Commissioner should be referred with relevant documents to the Department of Land Revenue for advice in such cases by the department concerned.

4. It is stated that the Office of the Assistant Director, Food and Civil Supplies, Mokokchung was constructed on the land donated by three families from Atsongchangar Clan of Mokokchung Village. The Atsongchangar Clan consists of descendants from three grandfathers, namely; i) Tongpangnok ii) Moasangba iii) Jongpongsemba. Though they belong to the same clan it is a practice from the forefathers that the three family members own their respective lands within the clan land. The present writ petitioner belongs to the descendants of Tongpangnok. The aforesaid plot of land was donated to the State Government without any compensation with an oral agreement that the land owner candidate will be considered for appointment to Grade IV post as and when vacancy arises.

5. It is further submitted that due to the retirement of one Shri. Sentitemsu, Scale man w.e.f., 31.01.2020, one vacant post of Scale man arose under the establishment of the Assistant Director, Food and Civil Supply, Mokokchung. The petitioner applied for the said post praying for consideration as the land owner candidate. His application was supported by the land owner certificate dated 20.08.2019 and the respondent No. 3 by his letter dated 06.01.2020 forwarded the said application to the respondent No. 2.

6. It is further submitted that the respondent No. 2, by a letter dated 22.01.2020 forwarded his application to the Commissioner and Secretary, Department of Food and Civil Supply, Nagaland, for further necessary action. However, the State respondents wi