MARK M. HUMTSOE Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Ms. R. Wunchibeni Tsanglao, learned counsel for the petitioner. Also heard Mr. N. Mozhui, learned counsel for the respondent Nos. 1, 4 and 6; Mr. M. Longkumer, learned Government Advocate for the respondent Nos. 2, 3 and 5 and Mr. N. M. Konyak, learned counsel for the respondent No. 7.

(2.) By filing this Writ Petition, the Petitioner has challenged the Notification dtd. 5/3/2018 issued by the Chief Secretary, Government of Nagaland, particularly Clause 3(a) thereof, whereby it is provided that in cases prior to 26/7/2005 and subsequent to the setting up of Administrative and Block Headquarters on freely donated land, where a specific written agreement exists providing for employment to the landowner, the claim of such landowner for employment shall be settled in terms of the said agreement. The Petitioner has also challenged the Minutes of the Meeting of the District Screening/Selection Committee, Wokha dtd. 17/5/2023, whereby the shortlisted Grade-IV candidates under the Chief Medical Officer (CMO), Wokha, including the private Respondent No. 7 herein, were forwarded, as well as the consequential Appointment Order dt. 5/12/2023. The Petitioner further prays for a direction to appoint him to the Grade-IV post of Chow-kidar at Sub-Centre Aitepyong under the CMO, Wokha, in terms of the Agreement dtd. 22/5/1994, which stipulates preference for appointment on the basis of land ownership.

(3.) Briefly put, the case of the Petitioner is that he is the grandson of Shri Mhontsen Humtsoe, a landowner of the plot of land on which the Sub-Centre at Aitepyong, Lakhuti Village, Wokha, has been established. The Petitioner, being the grandson of the landowner, is seeking appointment to Grade-IV post in the Government Service. An agreement was executed on 22/5/1994 by the grandfather of the Petitioner with the Government of Nagaland, whereby land measuring 130 x 200 Ft., along with a residential quarter, was sold for a sum of Rs.3,00,000.00 (Rupees three lakhs) with the condition that as and when any Grade-IV post becomes vacant in the said Sub-Centre/Dispensary, first preference would be given to the landowner.