PURNA CHANDRA SAHOO Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner, by means of this writ petition, seeks direction to the opposite parties to release payment to the job card holders under the National Rural Employment Guarantee Scheme (NREGS) on completion of the excavation work of a pond as per the "Mo Pokhari" scheme of the Government of Odisha, within a stipulated period.

(2.) The factual matrix of the case, in hand, is that the project "Mo Pokhari" is governed under the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (in short "MGNREGA"). The Act provides a detailed procedure to be followed for execution of a project. Under the Scheme "Mo Pokhari" initiations are taken at the Block Level and in consultation with the local Sarapanchs different lands are selected for excavation of pond with an intention to develop irrigation facilities in the concerned village. Such work has to be executed by the people of the village, who are job card holders under the NREGS. Under the said scheme and after necessary verification, a piece of vacant land of the petitioner pertaining to Khata No. 104, Plot No. 1457 measuring Ac.0.24 dec. was selected for excavation of a pond. Accordingly, the work order was issued in favour of the petitioner on 04.04.2010 by opposite party no.5, the Sarapanch, Mahakalapada Gram Panchayat. As per the said work order, the estimated cost of the project was Rs.50,000/- and the project work was to be started within three days from the date of issuance of work order, which was stipulated to be completed before 14.06.2010.

(3.) Mr. S.R. Mohapatra, learned counsel for the petitioner contended that due to negligence on the part of the opposite parties, the petitioner has been deprived of his legitimate claim of Rs.50,000/- as per the work order issued in Annexure-1 under the scheme of "Mo Pokhari" for engagement of job contract card holders to excavate the pond. It is further contended that due to inactiveness of the opposite parties, circumstances were created to frustrate the objectives behind enactment of the National Rural Employment Guarantee Act, 2005, which provides guaranteed employment to rural poor to earn their livelihood, thereby, he seeks interference of this Court for giving direction to pay the dues to the job card holders as per the work order issued in Annexure-1.