- (1.)The petitioner, who was engaged as a Multi Purpose Assistant, i.e., Gram Rozgar Sevak (GRS), by way of this writ petition, seeks to quash the order dated 05.09.2019 passed by the Block Development Officer, Tangi-Choudwar in Annexure-4, by which he has been relieved from his duty and directed to hand over the detail charges of his section to his successor immediately.
(2.)The factual matrix of the case, in hand, is that in the year 2005 the Government of India, with the objective for enhancing livelihood security in rural areas by providing at least 100 days of guaranteed wage employment in a financial year to every household whose adult members volunteer to do unskilled manual work, enacted National Rural Employment Guarantee Act, 2005 (in short "NREG Act, 2005"). In connection with implementation of NREG Act, 2005 and strengthening of infrastructure at Gram Panchayat level, Government of Odisha, after careful consideration, laid down certain principles for engagement of personnel at Gram Panchayat/Panchayat Samiti level for smooth execution of NREGA works and maintenance of records thereof. Accordingly, it was intimated to all the Collectors of 19 NREGA districts, vide letter dated 25.08.2006, for engagement of staff at Gram Panchayat/Block level for smooth execution of NREGA works. Pursuant to such letter, the Project Director, DRDA-opposite party no.3 floated an advertisement for engagement of Multi Purpose Assistant (Gram Rozgar Sevak) for all the G.P./P.S. of Tangi-Choudwar Block in the district of Cuttack stipulating therein that selection would be made strictly on the basis of the marks secured in 10+2 examination and preference would be given to the candidates belonging to the concerned G.P. area under the same panchayat samiti and then the district concerned in case suitable candidates are not available in the same gram panchayat or block. 2.1 Pursuant to such advertisement, the petitioner, having requisite qualification and satisfied the requirement, applied for. On consideration of his application, he was selected for the post of GRS and accordingly executed an agreement with the Sarpanch Uchapada Gram Panchayat and consequentially submitted his joining report before the BDO, Tangi-Choudwar and as per the job chart he discharged his duty. But all on a sudden, the Collector, Cuttack-opposite party no.2 vide order dated 05.09.2019, that was received by the petitioner through his mobile whatsapp, directed the BDO, Tangi-Choudwar to relieve all other functionaries working as GRS, whose names are not included in the order, on or before 07.09.2019. As the petitioner's was not found place in the said order, on the same day, he received relieve order through his mobile Whatsapp from the BDO, Tangi-Choudwar, vide Annexure-4, directing him to handover the charge of his section to his successor immediately. Hence, this application.
(3.)Mr. S.K. Dalai, learned counsel for the petitioner contended that the relieve order so passed in Annexure-4 dated 05.09.2019 is not in consonance with the provisions as contained in NREG Act, 2005. It is contended that even though such relieve order was passed on 05.09.2019, but the petitioner was allowed to discharge his duty and, as such, he was instructed on 07.09.2019 to assess the damage to the houses due to cyclone FANI and not only that the petitioner also received the amount from the authority for distribution of old age pension on 11.09.2019 as per office order dated 28.08.2019. It is further contended that there was no such administrative exigency to relieve the petitioner from his duty without complying the provisions of law. Thereby, he seeks for quashing of Annexure-4 with a direction to the opposite parties to allow the petitioner to discharge his duty as before.