C.ALEM SANGTAM Vs. N. ATOVI SEMA
HIGH COURT OF GAUHATI (AT: KOHIMA)
N. Atovi Sema
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(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.
Thereafter, by a communication dated 15.09.2011 written by the Deputy Secretary to the Government of Nagaland, Animal Husbandry and Veterinary Department and addressed to the Additional Director, Animal Husbandry and Veterinary Department stated that the Government had examined both the cases and as per records, the agreement dated 7.2.2009 basing on which the present respondent No.1 is claiming appointment as landowner is found to be unauthorised and against the policy decision of the Government stipulated in the notification dated 22.7.2005. By the said communication, the approval for appointment of the present appellants as Medicine Carrier was reaffirmed.
(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.
The aforesaid two Writ Petitions, namely, WP (C) No.238 (K) of 2011 and WP (C) No.31 (K) of 2012 were disposed of by the learned Single Judge by a common judgment and order dated 20.09.2013 setting aside the approval letter dated 06.10.2010 and the order dated 14.02.2012 by which the appellant was appointed as Medicine Carrier in the Animal Husbandry Centre at Sitimi. Further, direction was also made to the State respondents to consider the case of the respondent No.1/writ petitioner for appointment against Grade-IV post in the Veterinary Health Centre, Kiphire on the basis of the agreement dated 07.02.2009 as well as other documents which were attached with the Writ Petitions at the earliest but not later than 3 (Three) months from the date of receipt of a certified copy of the said judgment and order. Accordingly, the state respondents by order dated 25.11.2013, in pursuance to the judgment and order dated 11.09.2013 appointed the respondent No.1/writ petitioner to the post of Medicine Carrier at Veterinary Health Centre, Sitimi under the establishment of District Veterinary and Animal Husbandry Officer, Kiphire. Being aggrieved by the common judgment and order dated 20.09.2013 of the learned Single Judge, the appellant has filed the present two Appeals. ;
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