IMKONGCHUBA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Ms. Imnasenla, learned counsel for the petitioner. Also heard Mr. E. Thiba Phom, learned Government Advocate for respondent nos. 1 to 4 and Mr. C. T. Jamir, learned Senior counsel assisted by Mr. I. Imchen, learned counsel for the respondent no. 5.

(2.) Being aggrieved by the impugned appointment order dtd. 7/8/2014, issued by the Principal Directorate, Health and Family Welfare, Nagaland, Kohima appointing Shri. M. Lanutoshi (respondent no. 5) to the post of Medical Attendant at Yaongyimsen Sub-Centre under the establishment of Chief Medical Officer, Mokokchung, the petitioner filed this application under Article 226 of the Constitution of India praying for issuance of appropriate writ, order or direction of the like nature and prays for quashing and setting aside of the same.

(3.) The case of the petitioner is that the petitioner's clan are land owners of the land where the present Primary Health Centre (PHC), Yaongyimsen is established by the Government. The land was donated free of cost to the Yaongyimsen village council by late Lanuchiba, the great grandfather of the petitioner for developmental work without claiming any compensation whatsoever. Thereafter, the Yaongyimsen Village Council handed over the said plot of land to the medical department for establishment of the present Primary Health Centre (PHC), Yaongyimsen without taking any compensation.