C.ALEM SANGTAM Vs. N. ATOVI SEMA

JUDGEMENT

(1.) W.A. No. 18 (K) of 2013 and W.A. No. 19 (K) of 2013 are being disposed of by this common judgment and order.

(2.) One post of Medicine Carrier arose at the Animal Husbandry Centre at Sitimi under the establishment of District Veterinary Officer (DVO), Kiphire. By a communication dated 06.10.2010 addressed to the Director of Animal Husbandry and Veterinary, Nagaland, Kohima, Government approval for appointment of 13 (Thirteen) persons of Grade-IV under Animal Husbandry and Veterinary was conveyed by the Government, wherein the said post of Medicine Carrier was also included at Serial No.13. By the said approval letter dated 06.10.2010, the appellant was approved to be appointed as Medicine Carrier under the District Veterinary Officer, Kiphire. The respondent No.1, who was also claiming for appointment to the said post of Medicine Carrier at DVO, Kiphire on the basis of landownership being aggrieved with the approval letter dated 06.10.2010 filed WP (C) No.166 (K) of 2010 challenging the said approval letter on the ground that he is the landowner of the land where the District Veterinary Office is established on the basis of an agreement dated 07.02.2009. By order dated 24.06.2011, WP (C) No.166 (K) of 2010 was disposed of by the learned Single Judge directing the Official respondents to have a fresh consideration of the matter and if required, both the petitioner and the respondents may be given personal hearing towards finalization of the matter.

(3.) Being aggrieved by the letter dated 15.09.2011, the present respondent No.1 as writ petitioner filed WP (C) No.238 (K) of 2011 challenging the letter dated 15.09.2011. The learned Single Judge by an order dated 28.09.2011 passed an interim order staying the communication dated 15.09.2011. The present appellant filed C.M.C. No.119 (K) of 2011 praying for vacation/modification/alteration of the interim order dated 28.09.2011 passed in WP (C) No.238 (K) of 2011. The learned Single Judge by order dated 30.11.2011 in C.M.C. No.119 (K) of 2011 vacated the interim order dated 28.09.2011 after hearing the parties. Thereafter, the state respondents by order dated 14.02.2012 appointed the appellant to the post of Medicine Carrier at Veterinary and Husbandry, Sitimi under the establishment of District Veterinary Office, Kohima an temporary basis for a period of one year w.e.f. the date of joining to the post. Being further aggrieved, the respondent No.1 as writ petitioner again filed WP (C) No.31 (K) of 2012 challenging the appointment order dated 14.02.2012.