Appointment based on landownership was limited to the first landowner, confirming no perpetual employment rights for descendants under constitutional provisions.

JUDGMENT AND ORDER :

MICHAEL ZOTHANKHUMA, J.

1. Heard Mr. Supongwati Walling, learned counsel for petitioners in all the three writ petitions. Also heard Ms. S. Chang, learned Government Advocate for the respondent nos.1 to 6 and Mr. Joshua Sheqi, learned counsel for respondent no.7 in all the three writ petitions.

2. All the three writ petitions are being disposed of by this common judgment.

3. The 3 petitioners’ case is that they should be appointed to various Grade-IV posts under the District Veterinary Hospital, Yimyu Ward, Mokokchung, Nagaland on the basis of being landowners, inasmuch as, they are the bonafide landowners, on which the District Veterinary Hospital had been constructed.

4. The petitioners’ counsel submits that the land for the District Veterinary Hospital, Yimyu Ward, Mokokchung, Nagaland, had been given by Sayangtsuba, Head of Batizar Clan of Khensa Village by way of an agreement dated 23.06.1978 on payment of land compensation on 23.06.1978, with the additional terms and conditions - (i) appointment of 4th Grade Staff should be offered to land owner and (ii) contract works should be given/awarded to the land owner.

5. The petitioners’ counsel submits that instead of land owners having been given appointment as Grade-IV staff in the District Veterinary Hospital, Yimyu Ward, Mokokchung, Nagaland, the same has been given to the 3 different respondent no.7 in all the three writ petitions. He submits that the respondent no.7 in all the three writ petitions are not landowners and as such, their appointments should be cancelled and in their place, the petitioners in all the three writ petitions should be appointed as Grade-IV staff.

6. The petitioners’ counsel submits that a perusal of the appointment orders of the respondent no.7 in all the three writ petitions show that their appointments had been made without any prior advertisement being issued for the post of Medicine Carrier [WP(C) 215/2023], Sweeper [WP(C) 216/2023] and Peon [WP(C) 217/2023]. He submits that in terms of the Office Memorandum dated 04.06.2016, the posts have to be filled up through an open advertisement and selection by a duly constituted Selection Committee. However, the petitioners who are eligible to be considered for the above three posts could not participate in the selection process, due to the respondents not issuing any advertisement for the same.

7. The learned Government Advocate for the State respondents submits that the land of the Clan of the petitioners had been bought by the State Government, on the basis of a Sale Deed executed on 23.06.1978, wherein all the right, title and interest of the land were transferred to the State Government. The sale price of Rs.22,320/- was given to the landowner and a clan member (landowner) has already been appointed to a Grade-IV post.

8. The learned Government Advocate for the State respondents further submits that as per the Office Memorandum dated 05.03.2018, employment only can be limited to the first person appointed on landowner basis and does not entitle his descendents to claim further employment on the basis of being a land owner. She submits that though there is no condition in the Sale Deed dated 23.06.1978 requiring giving employment to the landowner, the same has been provided to one of the landowners. As such, the petitioners cannot claim appointment on the basis of being the