Page No.# 1/5 GAHC020006852024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/257/2024 SHRI J. NZANTHUNG OVUNG, AGED ABOUT 34 YEARS, S/O JONIMO OVUNG, MTS, UNDER THE ESTABLISHMENT OF C.V.O. WOKHA, NAGALAND VERSUS THE STATE OF NAGALAND AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF NAGALAND, DEPARTMENT OF ANIMAL HUSBANDARY AND VETERINARY SERVICES, NAGALAND, KOHIMA 2:THE DEPUTY SECRETARY TO THE GOVERNMENT OF NAGALAND A.H. AND VETERINARY SERVICES NAGALAND KOHIMA 3:THE DIRECTOR DEPARTMENT OF A.H. AND VETERINARY SERVICES NAGALAND KOHIMA 4:THE CHIEF VETERINARY OFFICER WOKHA NAGALAND 5:THE SUB DIVISIONAL VETERINARY OFFICER BHANDARI WOKHA NAGALAND 6:SHRI THUNGLAMO S/O RAKHEMO ODYUO Page No.# 2/5 BHANDARI TOWN WOKHA NAGALAN Advocate for the Petitioner : MOA JAMIR, SHISA JAMIR,JAMES NEWMAI Advocate for the Respondent : GOVT ADV NL, BEFORE HON'BLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 20/11/2025 1. Heard Mr. Moa Jamir, learned counsel for the petitioner. Also heard Mr. Moa Imchen, learned Senior Government Advocate, Nagaland, appearing for the respondent nos. 1 to 5 and Mr. Yanger Wati, learned counsel for the private respondent no. 6. 2. The petitioner’s case is that he was appointed as a Multi Tasking Staff (MTS) vide order dated 22/02/2024 and attached to the Veterinary Health Centre (VHC) Hankvu under CVO, Wokha. The appointment was made with the approval of the Government and against a vacancy. The petitioner thereafter joined the post in the month of February and has been in service since then. The Deputy Secretary to the Government of Nagaland, Department of Animal Husbandry and Veterinary Sciences has, however, written a letter dated 23/10/2024 to the Director, Department of Animal Husbandry and Veterinary Sciences, Nagaland, Kohima, conveying the administrative approval for termination of the service of the petitioner and for appointment of the respondent no. 6, against the Page No.# 3/5 post of MTS at SDVO Office, Bhandari, under the establishment of CVO, Wokha. 3. The petitioner’s counsel submits that no notice had been issued by the State respondents to the petitioner till date and vide the impugned letter dated 23/10/2024, the petitioner’s service is going to be terminated and the respondent no. 6 is going to be appointed in his place. No reasons for the same is forthcoming in the impugned letter dated 23/10/2024. 4. The learned senior Government, Nagaland, appearing for the respondent nos. 1 to 5, on the other hand, submits that neither the appointment of the petitioner nor the administrative approval for the appointment of the private respondent no. 6 was carried out in accordance with the procedure laid down by the Department of Personnel and Administrative Reforms (Administrative Reform Branch), as stipulated in Office Memorandum No. AR-3/Gen- 174/2007(Pt) dated 24th March, 2018, which states that “all direct recruitment vacancies are to be filled by indigenous inhabitants of the respective districts through the Departmental Recruitment Board, and such vacancies must invariably be advertised.” 5. He also submits that the respondent nos. 1 to 5 leaves it to the discretion and wisdom of this Court, to pass such appropriate directions as may be deemed just and proper, in the interest of justice. 6. Mr.Yanger Wati, learned counsel for the respondent no. 6 submits that the post from which the petitioner’s service is to be terminated and the respondent no. 6 is to be appointed should be advertised, inasmuch as, the appointment of the petitioner was not Page No.# 4/5 proper and in violation of Article 14 and 16 of the Constitution. 7. I have heard the learned counsels for the parties. 8. The impugned letter dated 23/10/2024 issued by the Deputy Secretary to the Government of Nagaland, which is addressed to the Director, Department of AH & VS, Nagaland, Kohima, states as follows :- “SUB: ADMINISTRATIVE APPROVAL FOR TERMINATION OF SERVICE OF SHRI. J. NZANTHUNG OVUNG. & FOR APPOINTMENT OF SHRI. THUNGLAMO TO THE POST OF MTS AT SDVO OFFICE, BHANDARI UNDER THE ESTABLISHMENT OF C.V.O, WOKНА. Madam, With reference to the subject cited above, I am directed to refer to your letter NO. VET/EST-3/WKA/III/Pt-1/2022-23/3272, Dated 16" Nov 2023 & DO Note. Dated 10th July 2024, Shri. Thunglamo is hereby approved for appointment to the post of Multi- Tasking Staff (MTS) at SDVO, Bhandari under the establishment of C.V.O, Wokha, on the basis of landownership. Necessary appointment order may kindly be issued after observing all formalities from your end, under intimation to this Department. This is issued with the approval of the Hon'ble Chief Minister, Nagaland & Minister in- charge, AH & VS, vide Dated 05.10. 2024.” 9. On considering the submissions made by the counsels for the parties and the impugned letter dated 23/10/2024, it is quite apparent that no notice had been issued to the petitioner, prior to the issuance of the impugned letter dated 23/10/2024. 10. Para 7 of the affidavit-in-opposition filed by the respondent nos. 1 to 5, is to the effect that the appointment of the petitioner and the administrative approval for appointment of the private respondent no. 6 to the post held by the petitioner, was not made in accordance with the procedure laid down by the OM dated Page No.# 5/5 24/03/2018. Para 7 of the affidavit of the respondent nos. 1 to 5 is as follows :- “7. That with regard to the statements made in paragraph 3 & 4 of the writ petition the answering deponent respectfully submits that neither the appointment of the petitioner nor the administrative approval for the appointment of the private respondent no. 6 was car4ried out in accordance with the procedures laid down by the Department of Personnel and Administrative Reforms (Administrative Reform Branch), as stipulated in Office Memorandum No. AR-3/Gen-174/2007(Pt) dated 24th March, 2018, which states that “all direct recruitment vacancies are to be filled by indigenous inhabitants of the respective districts through the Departmental Recruitment Board, and such vacancies must invariably be advertised.” In this regard, the answering deponent respectfully leaves it to the discretion and wisdom of this Hon’ble Court to adjudicate the writ petition and to pass such appropriate directions as may be deemed just the proper in the interest of justice.” 11. On considering the fact that the petitioner has not been given an opportunity of being heard, prior to the issuance of the impugned letter dated 23/10/2024, this Court is of the view that there has been a violation of the principles of natural justice. Accordingly, the impugned letter dated 23/10/2024 is hereby set aside, with a direction to the respondent nos. 1 to 5 to issue notice to the petitioner, with regard to any proposed action to be taken against him, with reasons for the same. 12. The writ petition is accordingly disposed of. Sd/- JUDGE Comparing Assistant