LAWS(ORI)-2009-12-62

NILACHAL DAS Vs. STATE OF ORISSA

Decided On December 15, 2009
Nilachal Das Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) HEARD Mr. S.P. Mishra, Learned Counsel for the Petitioner & Mr. B. Panda, Learned Addl. Government Advocate for the State.

(2.) THE Petitioner seeks to assail the direction issued by the Project Director, District Rural Development Authority, Kondhamal to the Block Development Officers to disengage all the Additional Computer Programmers engaged in different places on contractual basis & to fill up the posts on outsourcing basis. It is submitted that such decision is not only arbitrary but also violates the rights guaranteed to the Petitioners under the Constitution.

(3.) LEARNED Counsel for the State, on instruction, submitted that in order to handle huge Additional NREGA data & on -line monitoring/reporting, each Panchayat Samiti can deploy one Additional Computer Programmer to be engaged preferably on outsourcing basis through a Firm to be chosen in a transparent manner by a committee. Consequently, the Block Development Officers were called upon to disengage the Petitioners and Others. The instruction further reveals that the candidates, who have passed PGDCA or equivalent, from any recognized Universities, OCAC or DOEACC shall be eligible for engagement & they will be entitled to Rs. 4000 only per month on satisfactory performance during the month in question, but payment will be made through the outsourcing Firm. According to Mr. Panda, Learned Addl. Government Advocate, the decision being a policy decision & aimed for better administration of the scheme, the same may not be interfered with.