Prafulla Chandra Behera vs State Of Odisha & Others
2023 Latest Caselaw 6292 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No.16351 of 2023

                 Prafulla Chandra Behera                 ....             Petitioner
                                                         Mr. M.K. Mohanty, Advocate
                                             -versus-
                 State of Odisha & others                ....      Opposite Parties
                                                                Mr. I. Mohanty, ASC

                                         CORAM:
                             JUSTICE A.K. MOHAPATRA

                                             ORDER

Order No.                                   17.05.2023

    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard Mr. M.K. Mohanty, learned counsel appearing for the petitioner as well as Mr. I. Mohanty, learned Addl. Standing Counsel for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto.

3. The present writ application has been filed by the Petitioner with the following prayer:-

"The Petitioner most respectfully prays that the Hon'ble Court may be graciously pleased to allow the writ petition, issue of a writ or direction in the nature of mandamus or any other appropriate writ or direction to Opposite Party No.3 to give appointment against a permanent post to the nominee of the Petitioner i.e. to the son of the petitioner as per his qualification within a stipulated period as per the recommendation under Annexure-2 and pass such other or further order or orders as are deemed just and proper."

4. It is submitted by Mr. Mohanty, learned counsel appearing for // 2 //

the Petitioner that the land belonging to the Petitioner's family has been acquired by the N.T.P.C./TSTPS, Kania for its project. As a land looser the family of the petitioner under the Rehabilitation Dissettlement Plan are entitled to certain benefits like engagement of a person from the family. The petitioner is a land looser had requested to appoint the petitioner in project. Mr. Mohanty, further referring to the letter dated 27.03.2017 written by the Additional District Magistrate, Angul to the Group General Manager, N.T.P.C./TSTPS, Kania submitted before this Court that Additional District Magistrate, Angul has already recommended the name of son of the Petitioner, namely, Shri Pradyumna Kumar Behera for consideration of his claim for permanent job rehabilitation in N.T.P.C. as per the decision taken in the 7th RPDAC Meeting held on 05.04.2016. It is further contended by Mr. Mohanty that despite such recommendation by the Additional District Magistrate, Angul. It is further contended by Mr. Mohanty that N.T.P.C. challenge such decision by filling W.P.(C) No.22163 of 2017 which was dispose of by this Court vide judgment dated 25.04.2023 dismissed the writ application. Therefore, the petitioner has approached this Court again by filing the present writ application for to implement the recommendation of the Additional District Magistrate, Angul under Annexure-2.

6. Learned Addl. Standing Counsel appearing on behalf of the State-Opposite Parties submitted that the Additional District Magistrate, Angul has already recommended the case of the son of the petitioner under Annexure-2. Therefore, the State Government has no role it is opt to the Executive Director, Talcher Super Thermal Power Project, Kanhia-Opposite Party No.3 to implement such decision in view of the decision taken in the 7th RPDAC Meeting held on 05.04.2023.

// 3 //

7. Considering the submissions made by learned counsels appearing for the respective parties and further taking into consideration the recommendation of the Additional District Magistrate, Angul under Annexure-2 as well as the judgment of this Court in W.P.(C) No.22163 of 2017 decided on 25.04.2023, this Court deems it proper to dispose of the writ application at the stage of admission by directing the Executive Director, Talcher Super Thermal Power Project, Kanhia-Opposite Party No.3 to take a decision on the recommendation of the Additional District Magistrate, Angul under Annexure-2 within two months from the date of communication of the copy of this order by the petitioner. It is further directed if there is no other legal impediment and keeping in view the decision taken in the 7th RPDAC Meeting held on 05.04.2016 as well as the recommendation of the Additional District Magistrate, Angul under Annexure-2, the Opposite Party No.3 shall do well to give appointment to the son of the petitioner as per the company policy.

8. Since, this writ application is being disposed of without issuing notice to the Opposite Party No.3, in the event, the Opposite Party No.3 feels aggrieved he may seek for modification/ variation of this order by filing an appropriate application before this Court.

9. With the aforesaid observations/ directions, the writ application stands disposed of.

Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra ) Judge Anil

Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 21-May-2023 10:38:22