(1.) Heard Ms. Esther, learned counsel for the petitioner as well as Mr. V. Vero, learned Government Advocate for the respondent Nos. 1 to 3. No one appears for respondent No. 4, though this Court vide Order dated 25.10.2018 has held that there is deemed service of notice on respondent No. 4.
(2.) The petitioner's case in brief is that the petitioner belongs to the descendants of Terasangba of Kichu Clan of Mokokchung Village, which had given land to the Government, for establishment of the office of the Executive Engineer, PWD (Housing), Mokokchung Division. On the retirement of one Sh. Mir Singh Bahadur, who worked as a Carpenter Helper on 30.4.2018, the petitioner made an application dated 2.4.2018 praying to be appointed to the said vacant post, on the basis of being the descendant of the land owner/donor. The name of the petitioner, along with 2 others, was forwarded to the Government for consideration by the office of the Executive Engineer, PWD (H), Mokokchung Division. However, the respondent No. 4 was approved by the Government and he was appointed against the said vacant post, even though the name of the respondent No. 4 was not amongst the list of persons forwarded for appointment by the office of the Executive Engineer, PWD (H), Mokokchung Division. Further, the respondent No. 4 was not a land owner/donor, nor did he belong to the clan, which had donated the said land. Accordingly, the approval and appointment given by Government of the respondent No. 4 is under challenge in the present writ petition.
(3.) The petitioner's counsel submits that it has been the practice in the State of Nagaland that the land owners are given Grade-IV appointment under the Nagaland Government in lieu of donated land in the office establishment that has been built. Accordingly, the petitioner being a descendant of the land owner/donor, the petitioner has got a right to be considered for appointment to the said post in which the respondent No. 4 has been appointed.