SUSAMA RATH @ PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This writ petition has been filed for the following reliefs :

(2.) The factual aspect of the case is that landed property of the petitioner's family was about Ac.0.49 decimal under Khata No. 1073, plot No. 4365 of mouza-Kangula recorded in the name of Braja Mohan Rath, has been acquired for NALCO vide L.A.Case No. 1/89 for I.A.P.L. Notice under Section 4(1) of the Land Acquisition Act,1894 was issued by the Industries Department of the Government of Orissa vide letter no.10944 dated 24.4.1991 to provide rehabilitation assistance to one person from each family whose land has been acquired, husband of the petitioner was the nominee by the family members/awardee for employment under the Scheme, but due to non-possession of minimum matric qualification he is disqualified for job under the said scheme, at that point of time as per the scheme whereas other similarly situated persons who had passed the minimum qualification, they were engaged.

(3.) Counter affidavit has been filed on behalf of the opposite parties wherein, inter alia, it has been stated that the petitioner is not coming under the purview of consideration for appointment being not coming under the definition of 'family' rather she is coming under the definition of 'nominee' as per the definition made in the scheme and the scheme contains a condition that the offer of appointment would only be given to the family which contains the definition the awardee, his/her spouse and dependent unmarried son/daughter. Since petitioner is the nominee of Chaturbhuj Rath, daughter-in-law of the original awardee and as such she cannot be given benefit of appointment.