Decided on November 05,2018

Paukuleu Appellant


A.M.BUJOR BARUA, J. - (1.) Heard Mr. N. Mozhui, learned counsel for the petitioner. Also heard Mr. C.T. Jamir, learned senior counsel for respondent No.5 and Ms. A. Ayemi, learned Government Advocate for the State respondent Nos. 1 to 4.
(2.) The petitioner being an indigenous inhabitant of Peren district made an application offering his candidature against a vacant post of Peon in the office of the Inspector of Taxes, Peren where the vacancy was caused upon the superannuation of one Mr. Raguidau Ndang. The petitioner makes his claim for being appointed against the vacant post of Peon on the basis of the Office Memorandum dated 4.6.2016 wherein, it is provided that all direct recruitment to the vacant post in grade-IV in the district establishment shall be filled up by an indigenous inhabitant of the respective district. Accordingly, it is the claim of the petitioner that he being an indigenous inhabitant of Peren district and vacancy of Peon having occurred in the office of the Inspector of Taxes, Peren, he is entitled for appointment under the said Office Memorandum. Another claim of the petitioner is that the grandfather of the petitioner had donated certain land over which the office of the Inspector of Taxes, Peren has been established and therefore, being the legal heir of the land owner, he is also entitled for such appointment.
(3.) In the present writ petition, the petitioner is aggrieved by the contents of the communication dated 12.4.2017 of the Officer on Special Duty, (Finance) of the Finance Department, Government of Nagaland addressed to the Commissioner of Taxes, Dimapur. As per the said communication, the respondent No.5 Smti. Alemla has been approved for being appointed to the post of Peon in the establishment of the Inspector of Taxes, Peren. The petitioner is also aggrieved by the consequential order of April 2017 under the signature of Commissioner of Taxes, Dimapur whereby the respondent No.5 is appointed as Peon in the office of the Inspector of Taxes, Peren.;

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