TEMSUMEREN Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. S. Temjen, learned counsel for the petitioner and Mr. Moa Imchen, learned Sr. Government Advocate for respondent Nos. 1 to 3 as well as Mr. C. T. Jamir, learned senior counsel appearing for respondent No. 4, assisted by Mr. I. Imchen, learned counsel.

(2.) This writ petition has been filed by the petitioner, challenging the appointment order bearing No. DHFW- 3/117/EXTENSION/2012/6364-65 dtd. 16/9/2013 whereby, the respondent No. 4 was appointed as Mali at Longkhum Primary Health Center, Mokokchung. The petitioner further sought for a direction to the respondent authorities to give equal opportunity of employment to the rightful land owners if any vacancy arises in the said health centre. The said writ petition, as would appear from the records, was filed on 20/1/2014 and the said writ petition was supported by an affidavit wherein the age of the petitioner was shown as 58 years, as on 20/1/2014.

(3.) Before further going into the question of merit, it may be relevant to take note of that the employment in respect to which the petitioner is seeking would be a 'public employment' within the meaning of Sec. 2(1) of the Nagaland Retirement From Public Employment Act, 1991 and in terms with Sec. 3(1), the age of retirement would be either holding office for 35 years or attaining the age of 60 years, whichever is earlier. Under such circumstances, as on today, the petitioner has himself crossed the period for seeking an appointment to the Grade-IV posts on the basis of the policy of the Government of Nagaland for appointment to Grade-IV post on land ownership basis.