SMTI N. LOSA, D/O DEPUNI MAO, P.O./P.S. MAO GATE, RESIDENT OF MAO SONG SONG VILLAGE, DISTRICT Vs. THE STATE OF NAGALAND AND OTHERS

JUDGEMENT

(1.) Heard Mr. A. Zho, learned counsel for the petitioner. Also heard Mrs. Y. Longkumer, learned Additional Senior Government Advocate for respondent Nos. 1, 2 & 3. Respondent No.4 was impleaded later on and it was directed that notice be served upon him. Accordingly, the notice was sent to respondent No.4 by Regd. Post with A/D Card on 01-02-2011 but the return service has not been received till date. Due to elapse of about 4(four) months, the service sent to respondent No.4 is treated as compete. There is no representation for him. No counter affidavit has also been filed in response to the Writ Petition.

(2.) The petitioner hails from Mao Song Song Village of Senapati District in the State of Manipur. She is seeking appointment as Dark Room Assistant (Grade- IV) at the T.B. Hospital, Khuzama in the State of Nagaland. She claims the appointment as one of the real land owners who donated land for construction of the aforesaid Hospital. It may be noted that the Government of Nagaland in the year 1964 sent delegates to meet the land owners of Song Song Village and Sapranmai Khel of Punanami Village for opening the said Hospital and a verbal agreement was arrived at to the effect that the land owners would donate their lands free of cost for construction of the Hospital and in return the Government of Nagaland would provide them job in grade- III and IV posts or allot contract works.

(3.) The present petitioner, as one of the land owners, submitted an application dated 11-08-2009 for appointment to the post of Dark Room Assistant (Grade- IV) before the Principal Director, Health and Family Welfare, Nagaland, Kohima and her case was duly recommended by the Secretary of Mao Song Song Village. In spite of such recommendation, petitioner's case was not considered by the respondent-authorities and in her place the respondent No.4 was appointed to the post of Dark Room Assistant (Grade-IV) vide order dated 17-03-2010 issued by the Principal Director, Health & Family Welfare, Nagaland, Kohima without any selection process. This appointment letter is under challenge in the present Writ Petition.