WIDUNSU Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. N. Longkumer, learned counsel for the petitioner. Also heard Ms. V. Suokhrie, learned Additional Advocate General, Nagaland and Mr. T. Khezhie, learned counsel for the Respondent No. 5.

(2.) By invoking the jurisdiction of this Court under Article 226 of the Constitution of India, the Petitioner herein, namely, Smt. Widunsu, approached this Court impugning the order No. ED/EST/GR-IV/APPT/DEO PEREN/11-12/281 dtd. 22/2/2017 whereby the Respondent No. 5 was appointed to the post of peon at Government Higher Secondary School (GHSS), Jalukie and the approval No. DSE/APPT-PRN/GR-III&IV/19- 48/2016/1490 whereby the aforesaid appointment of Respondent No. 5 was approved. The Petitioner has prayed for setting aside the aforesaid appointment order of Respondent No. 5. The Petitioner has also prayed for directing the respondent authorities to appoint her to the said post of Peon at Government Higher Secondary School, Jalukie, on the basis of land ownership, in terms of the agreement dtd. 2/9/1966 and Notification No. REV/LR-1/95 dt. 21/8/2003.

(3.) The Petitioner has stated in her writ petition that for the purpose of expansion of the township and for setting up of the District Administrative Headquarters at Jalukie, under Peren District of Nagaland, a vast land was acquired by the Government of Nagaland through district administration from Jalukie village (erstwhile Zalikie village) free of cost. In lieu of the donation of the land, an agreement dtd. 2/9/1966 was executed between the land owners and the Government laying down certain conditions. Condition No. 4 of the said agreement is reproduced herein below:-