LAWS(GAU)-2016-7-18

MR. YEBEMO MOZHUI Vs. MR. A. RENBI MOZHUI

Decided On July 27, 2016
Mr. Yebemo Mozhui Appellant
V/S
Mr. A. Renbi Mozhui Respondents

JUDGEMENT

(1.) Heard Mr. K. Goswami, the learned counsel appearing for the appellant. Also heard Mr. P. Khataniar, the learned counsel appearing for the respondent No.1 (writ petitioner). Ms. T. Khro, the learned senior Govt. Advocate appears for the State Authorities of Nagaland.

(2.) The appointment of the appellant (4th respondent) as a office peon in the Office of the Sub -Divisional Information Officer, Bhandari in Okha District of Nagaland, ordered on 5.4.2011, was the subject matter of challenge in the W.P.(C) No.192(K)/2011. The Bhandari Civil Sub -Division Office in Okha District was constructed on land donated by the writ petitioner's family and accordingly preferential right of appointment was claimed by the family member of the land donors and on that basis, the challenge was made to the appointment order dated 5.4.2011, whereby the appellant Yebemo Mozhui was appointed to the peon's post.

(3.) The learned Single Judge opined that the appointment of the 4th respondent was not in accordance with the existing norms and he was appointed at the behest of the Parliamentary Secretary. Thus the impugned order of appointment dated 5.4.2011 was quashed. Consequential direction was issued to the Sub -Divisional Information Officer, Bhandari to invite application from all interested eligible persons including the candidature from the land donors' family, for the purpose of selection and appointment to the post in question by allowing the writ petition on 31.7.2012 (Annexure -5).