SUSHANTA SEKHAR BANCHHOR Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner in this Writ Petition prays for quashing of the order dated 09.4.2010 under Annexure -8 passed by the Commissioner -cum -Secretary to Government of Orissa, Panchayati Raj Department and also prays for a further direction to opposite parties to allow the petitioner to continue in the post of Additional Computer Programmer on contractual basis.

(2.) THE case of the petitioner is that in order to implement the National Rural Employment Guarantee Act, 2005 (hereinafter referred to as "NREGA") the Government of Odisha undertook number of project works for providing employment guaranteed to the unemployed citizens through a three tire Panchayat Raj system/agency. All the Collectors of 19 districts by letter dated 25.8.2006 were directed to engage the required staff at Grama Panchayat /Block Level for smooth execution of NREGA work. The staff constitute Multi Purpose Assistant (Grama Rozgar Sevak), Grama Panchayat Technical Assistant and Additional Computer Programmer. For appointment to such post the eligibility criteria had been prescribed and the manner of selection had also been prescribed. The petitioner was an applicant for appointment to the post of Additional Computer Programmer in the district of Sambalpur. After being selected he was offered appointment in Annexure -4 on a consolidated pay of Rs.4,000/ - per month and he was advised to report before the concerned Block Development Officer on or before 26.12.2006. The petitioner accordingly joined the post and continued as such till the decision in Annexure -8 was taken. In Annexure -8 a decision was taken to engage Additional Computer Programmers on outsourcing basis through a firm and accordingly apprehending termination the petitioner approached this Court in this Writ Petition and at the stage of admission an interim order was passed on 25.5.2010 permitting the petitioner to continue in the post.

(3.) LEARNED counsel appearing for the petitioner referred to a decision of this Court in the case of Nilachal Das Vs. State of Orissa and others vide W.P.(C) No.18821 of 2009 disposed of on 15.12.2009 annexed to the Writ Petition as Annexure -6. In the said case the petitioner therein Nilachal Das was working as an Additional Computer Programmer. The Project Director, District Rural Development Agency, Kandhamal directed the Block Development Officers to disengage all Additional Computer Programmers appointed on contractual basis and such decision was challenged in the aforesaid Writ Petition. In paragraph -9 of the judgment it is observed that when the salary paid to the petitioner therein was a consolidated pay of Rs.4,000/ - per month and the person to be engaged through outsourcing is also to be paid a consolidated pay of Rs.4,000/ -, there is no reason why the system of middleman is sought to be introduced for the purpose of engaging Additional Computer Programmers. Another observation made by the Court is that in this modern era, generally steps are taken to avoid middleman -ship so as to give maximum benefit to the person who discharges the work and also to avoid exploitation. The State Government being an ideal employer is expected to look after the welfare of the citizens who discharge their duties under the State or the instrumentalities of the State. Relying on the observation of the Court, it was contended by learned counsel for the petitioner that the decision taken in Annexure -8 is contrary to the above observation.