BIALAKBO ZELIANG Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The instant writ petition is filed by the Petitioner Shri Bialakbo Zeliang, a land owner, belonging to the Zeliang Tribe and hails from Tening Village in the District of Peren, Nagaland for quashing the order of appointment, dated 24.5.2006 (Annexure-1 to the writ petition), issued in favor of the Respondent No. 5, Shri Abang Zeliang alias Aben Zeliang appointing him as Cook violating the employment policy and to direct the State Respondents to appoint him to the post of Cook in terms of the agreement (Annexure-2 to the writ petition), executed by him on 4.6.1998 with the Respondent 8, the Sub-Divisional Officer (Civil), Tening and approved by the Addl. Deputy Commissioner, Peren, Nagaland.

(2.) Heard Mr. K. Sema, learned Counsel for the Petitioner. Also heard Mr. LS Jamir, learned Addl. Advocate General appearing for the State Respondents as well as Mr. Wati Jamir, learned Counsel appearing on behalf of the Respondent No. 5.

(3.) The grievance of the Petitioner in the writ petition is that he being one of the land owners of Tening Village donated his land for extension of Tening Town as requisitioned by the villagers of the Tening Village pursuant to the aforesaid agreement dated 4.6.1998. The Petitioner donated his aforesaid land where the present Primary Health Centre (PHC), Tening is located and this land falls within the first location which is indicated in the Annexure-2 agreement dated 4.6.1998 and as the Govt. has decided to provide special preference to the land donors while recruiting Grade-III and Grade-IV staff in various departments of the State, the Petitioner was also expecting that he would be provided the special preference and when he was waiting for a job some time in the month of March 2006, he reliably came to know that one Shri Songwibo Zeliang who was employed as a Cook at PHC, Tening would retire in the month of May 2006 on attaining the age of superannuation. Accordingly, he submitted an application addressing the Director of Health Services, Nagaland, Kohima through the Medical Officer-in-Charge, Primary Health Centre, Tening and the Sub-Divisional Medical Officer, Peren for appointing him against the vacancy created by the retirement of said Shri Songwibo Zeliang who in turn forwarded his application to the Director of Health Services on 6.3.2006 and 10.3.2006 respectively.