Employment benefits based on historical land agreements are governed by current policy and limited in scope, not perpetuity. Additionally, the judiciary is restricted to the pleadings presented and cannot entertain arguments or grant relief based on grounds not raised or evidenced in the original writ petition.

JUDGMENT :

ROBIN PHUKAN, J.

Heard Mr. I. Imti Longchar, learned counsel for the petitioner. Also heard Mr. V. Zhimomi, learned Government Advocate, appearing for the State respondent Nos.1—7, Mr. T. Pongener, learned counsel for the respondent No.9 and Ms. Remboni, learned counsel for the respondent No.11.

2. In this petition, under Article 226 of the Constitution of India, the petitioner, namely, Maongsunep Ao has challenged the office letter No.LM/CP-1/3/2023, dated 13.12.2023 of the Under Secretary to the Govt. of Nagaland, Department of Legal Metrology and Consumer Protection (LM&CP), Nagaland, Kohima, whereby approval for appointment of respondent No.9/10, Smt. Takosangla to the post of Watchman-cum-Chowkidar in the office of the Assistant Controller, LM&CP, Mokokchung, against the vacancy caused by the retirement of Shri Toshiwapang Ao was approved and also prayed for setting aside the office order No.CLMCP/Estt-16/2014/Vol-II/728-732, dated 14.12.2023 passed by the Additional Controller and Head of the Department, LM&CP, Nagaland, Kohima, appointing the respondent No.9/10 Smt. Takosangla to the post of Watchman- cum-Chowkidar and also the office order No.CLMCP/Estt-16/2014/Vol-II/733- 740, dated 14.12.2023, passed by the Additional Controller and HoD, LM&CP, Nagaland, Kohima, appointing the respondent No.9-10 Smt. Takosangla to the post of Watchman-cum-Chowkidar in the office of the Controller of the LM&CP, Nagaland, Kohima and also to direct the State respondents to consider the petitioner’s application for being appointed to the post of Watchman-cum- Chowkidar in the office of the Assistant Controller, LM&CP, Mokokchung, on the basis of the DC, Mokokchung verification report, dated 06.10.2023 to the post of Watchman-cum-Chowkidar in the office of the Assistant Controller of the Legal Metrology and Consumer Protection, Mokokchung, Nagaland.

3. The background facts leading to filing of the present petition are briefly stated as under:-

“The Government of Nagaland took possession of a plot of land measuring 10.90 acres by executing a Memorandum of Agreement, dated 18.12.1972, signed between Yangar (i.e. three sub clans) and the Government of Nagaland where the office of the LM&CP, Mokokchung, Nagaland is one of the establishments in the said land. In the said Memorandum, it is stated that the land belongs to Yangar (i.e. comprising of three sub-clans), namely, (i) Takachuchang, (ii) Mokoksangba and (iii) Neken. In the said agreement some facilities to the landowners were given and the same are (a) post such as ministerial staff, (b) contract works to be allotted without inviting tender and (c) without the knowledge of the landowners, any contract work must not be given to outsiders. Thereafter, a post of Watchman-cum-Chowkidar fell vacant in the office of the Assistant Controller, LM&CP, Mokokchung, due to retirement of one Toshiwapang Ao on 31.08.2023 and being aware of the same, the petitioner herein filed an application to the Additional Controller & HoD, LM&CP, Nagaland, Kohima, on landownership ground/basis accompanied with Yangar landowner recommendation dated 04.09.2023 and the respondent No.9/10 Smt. Takosangla also applied to the post on 11.07.2023 and one Shri Zulutemjen Kichu also filed an application for being appointed to the said post. Thereafter, the Additional Controller and HoD, LM&CP, Nagaland, Kohima, by office letter No.CLMCP/Estt- 16/2014/Vol-II/492, dat