Central Administrative Tribunal - Cuttack
S Bag vs Defence on 27 April, 2023
OLA, No. SoG af 2OTY CENTRAL ADMINISTRATIVE TRIBUNAL CUTTACK BENCH No. OA 560 of BOTY Present:
Bag, aged about ;
argaon, PO Rhadra, PS Saintais, Dist.
Hen'ble Mr. Pramod Kumer Das, Administrative Member son af Eiybash Bag, At Balanesir, coven' Apploant i. Union of Incha represent ih iis Seorefary to Gevt. it the Ministry of Del spartinent of Defence Procluetiorn, (36, South ve De thi 11003 i i :
3. Fhe DGOE "Paetory Boare, PO-A, Sh. Bose Ro RB. Fire Bacal, The Warks Bacal, ay General.
Manag Daat Balan S. Catlector Balangir, AL Re $01, c yrdnanee PRO} apes Pactary, anager, ret Bek, reer.
Badmal, At tary, S Ordaaner At PO Beaaimal, Ea &. Serer a SO & Bervhosd, nrate oof Sy Read Kolkata F. thie r fCOM Munitions India Limited, An umunitio an Fa . etary Kh atk, Pune ~ 2) DOS.
S. The Gen Ordnance Factery, Barimal ~ 7O7O7Q, Ror Por the responder ved ar 12 1,08 the apoheant : Mr. ie ey Sir Pramod Komur Usa.
eral 6 AMARET, Dist Bolans ar, » Ge i S E Haken ails, were avidecd vide onder dated] 20 08.9 O23 ou Respornienes conned ay, Qoob] 2 Beycurers Behera, ¢ teed, Pal, course! Gut. No. Sa of 2NE7 Yo?
engine the ore he The apphcant ch:
LOA QOLy rejecting his claim for consideration in providing emplastment wander rehabih acheme | 3 folkoying reliefa:
a} Te achnat t aN ared © allow the Original appre a saraprinte direction thay be issued Oy
4. ta take prompute extending ie benefits af employment an compassion & as againat the Class Tf and IV now redesigned as Group by astrielly adhering the principle spelt aut in rehaht me secommendation af che learned Collector, Balaneir vide letter No. 20 st averredd boy him in he © Pantory Haard while setting up is decided ta give crmplarmen erent dik not de so and started giving employment CrEeHS! BR ore eee, Sess Ray PR agg yet were fled before Hon'ble Nigh Cerurt, 'Phereafter, Nor'ble Hieh Court of Orissa in WE UC} Ne.
passed order dated 18.00.20) 2{Annexure A/a} chrecting Uhe Codlector, OA, No. S60 af 202 Solangir to examine the claim af the vohahvee the pepart sgbrrttted by Comoitice conetibyterd by tr and pass an order witthos S scuptis ONE LOTS tAanexure A/d) ars] came te carnchusion that four petitioners were to be ehven sry jummaniiately araf 2S petit t foture vacemckess in ti that even affer passing af the said manner. The applicant subrnit! arder by Collector Bolangir, the respondents instead of considermig their case: issueet culvertisement for lline up the posts for which they fled WE (C} S043 in which the Honde Hixh Court wide order dated SL OS. QOLA had directed that any appainty te shall be subject ta the result of writ petivien ard whie order dated TY.0O8 20014 had absaarved that pendency of the WP wed mot be constried to be bar for cenaioration of the case af the pectitiorrer in appropriate post in respondent organisation.
The said WP No. 9434/2013 was disposed of by Han'hie High Court an 20.10. 2016 with a iberty to the petitioners fo appreaach this Tribunal for redressal of their grievance. The applicant submitted that he had fled OA No. SPY /2016 befere this Tribunal which was disposed of wide order dated OWS VOL shige Set PAS ASS tg the applicant te make a comorcheraive yiation before s aacned order x within bac spomtina. if was alsa observedd that NH after grievance af the y © applinamt is comaidered geruine them the Respondents should consider previding him job under rchabilitation OA Na. Sthah 204"
gate order dated 16.02.2016 applicant submitted that the responder the case of fhe applicant for which dhe Bled OA No. {Annexure A/ TS) reje AON SF Rees 3;
S017 ehich. eas 2 Respondent No. 3 to whom direction was oe ated Works 'tad to Respormdent No. 2 fo reoomsider Le Mahler ATS PSISy a 8 subrndtted that Besponcent No. 3 massed order dated 1Q.
~ Sycseyeyambe SURE gy Poaatec' pos Henoe the OA.
nop web & & +s, am tid me rage Sine me Spos 77 Pa 42 ae mr Ae rf we cM.
peach fr et person and under the scheme Urere is mo pravisian fo give apooiniment fast d thet the present OA is barred EN ey dye Seproy td because Ke ys famalo by Limitation aimee the o8 tO year the applicant has ¢ gap of SS years. They submitted that .
is being come as per GOST OM recruitment in the respondent orgarication dated' TRUS. 1608 wherein Eo was ordered for recruitment through open advertisement. The respomients further suber RR}, Nenble High Court had thse tthe petitioners mame did not Reel place int b WAS prepared in the year 1885 and writ has beer Med in the year 2003, The respondents farther submitted that they had an agreed list af squentiiy revised to 1080) displaced families prepared and signed jomthy between the State Govt and Ministry of Defence in 18S which is final and which they have Seer following. They submitted that the order dated 34.92.2012 of Collector Balangir was mot in consonance with cirectiors of Hon'ble Nigh Cecurt therefore they had challenged it by Afioe WP fy Ne, order cated 2Q.10.2016 (Annesure 8/22), Hor hie Hieh Court had directed y : fs => the private oppesite parties to approach we thus 'Tribunal Therefere thes pruyed fur dismussal of the OA.¥, Respardent No. & 3
yeah YG Has averred that scame x Nea'ble High Court challenging the ilegal selection procedure adopted by Resparulent No. 3 and Nan'ble High Court vide order dated 11.08.1098 directing the petitioners therein to point out outelders who got employment by producing fake residential certificates and directed! the Respandent No. & 8 to make joint enquiry and after giving reasonable heartig to the persons cancermed to fake elieotive steps and thelr appointment should be deemed te be cannelled. Accordingly enquiry was made and Rave ace nie Uminary insuiry ot thurty one people uetected by both the respondents and further inquiry ig SUH continuing but OM date some detected fake residential certificate holders are continuing in services. The resporuents further submitted that in compliance to order dated 1S.G8.2012 of Homble Hieh Court in WP iQ P2020, a Aull enquiry was dene and after completely RON docummniary evidence and after hearing all the partes, order dated US.01 2013 was passer b oy Callectar Balangir s metitiogers (including the present applicant) immediately without further delay. The reependent submitted that a joint meeting was 3 ESN as.
OA. No. S60 of SG37 & hele on G9.02. 2016 to aerk out the COMPASMGNate appeiniment under BR snl Respondent No. S had advised che:
EYRE af campensation and rehewhiltation : SOUS reach with 9 sugmeshion af Land Acquisition Cificer, Salar gir detter dated D4 S075, The = resporient no, 3 subritted that it is admitted! Ret that the State of Odigha had entrusted the Land Aoquisitian precess and near ahout 4O00 Acre private iand was aecdudred anc and was leaaech cyt 2 ~ ess. eco seeaaes tpen 4 Se Sere ore 5 3 ages ge os Rela BS land which was under process as per bette: LESS and @ meeting was Reld an OS .10, D908 where the Fark tory Authorities havi inquired wherh any shnilar cases are pending within GOOG transferred to Ordran Sop ery ere ary oh ra x By Lomcary | at at that t Sespamdent Na. S hae nay be deade at appropriate lime as and when it arises. Respondent submitted Girt Lac Acquisition Ciicer, Balangir vide his letter dated 29.04.2018 (Armexure Re nee x had also intimated Genera! Manager, Qrdnance Factery Raard, 8 TP series) me af Sabha © gay:
ap ive. father af the apmlicant Hadkneal that lane recorded bs na Ras be mM gccuped by the OPEL and compensation may be given fo Sabha Bag iminediately. In wie nt Ne. S havl:
feft ont and exceptional x EXO PAQVy yee for providing compensation for the Janel as por RECTLAR R&R Act submitted that the speaking ard reasance! crder pe They further og LV EEO OT Abe e an ene 7 ¢ ~ x N ay & t & s ¥ ; in Sent :
a ry = a ae tag 2 es C a t, s pe ye of wack i gent 5 4 5 wee eal , &. % cae aed ' bos bes : spat Saad we . By an ay a on ° ' wm} sad ra) 4 pd pen eed fet bod 5 'ie ats 4.
; "mt IY ap crash wees a Daa rs "3 , tees 1 ps xs dork 5 th Ea mS Set ° £3, 3 , es a he See, Sete ood "nad ge a of fo £ , ' nore A $e as od be rend. Usd set. " aes 7% toy 3 ' ; .. its Bae cas Fact wees, ae a nd 8 ome pos WS és, "ee, yy Mey, Red & fae a beeed ¢ oa ta ss , te +e a we ke ge Se gp A Oy 2s banal we ie , Jet oA. or ee, bans weet y <n aa So oy # yee, oY : : ue bee ge bite at ME ok Ses ks ae es bes fs ne & ££ F&F 2B "A 2 G& Bw 2 Sot : iy pn oe 3 wnat ov & re wed bo " com ve tee ba : Ew es) a ao o > Le ahd eS ay be Oe op ey ios 2 m nt ry, ont Pi " oe :
a % aes es "rr Fa "hee we "3 fee) aot i Gy * eae b, oy oo bee. rane be A 'ab ¥e Ped Le oe SL se : ee Soden on ss wed ' ted cy rent " LS wey Ke ie oo RS ra "pe os & ses 43 aes "s Eat ef CR OS 2S € q ry narg > 4 tee alte vt pest ™ iy, eed te red od shed Aeet ay Re oe Ks s as So ap "A x ts con ¢ oe] . ' on pod hos ra] an 3 os tie Pia Cy m o, a fee as * es en ty ie a ies vies ois ay int a se Be te OB a , Eas 5 pad ee 4 omy "y 2 ' oan ts, Tens " eg x a a a5 om tet wes vtec : "a * € RE Bem E o a " Bet qd ot ws "eek x oe be Oe ain 3 o Ae = me pen -_ bes : Foe ewe eee, ae oe = oe bed ae - a ee a pes ge a4 Od ER ba . © BBE "A oe hee va ken : my, sad ay "pe Men, oe cas i ead & ter" oe 7, an ak ork Fas' 1H ms oye x e*, See a5 , bos Bae we a nes : x "ed pad im " wi wa ww 7 & Bw % ae ~ fa] went ¢ , 3 co ps af me he OS od a nc? BO OS nn a a ow 2 Ee es 4% ae he a ~ fe a a wag 'a net Be 2a. Se ey Ry & & & & a . e ZB ee g * fat "a basa eet os ee @ ia ee eat ie md m gh om EOS a ea ne , - hee t 4 gated oa Rand ' "~ " re : " i y ' ae : . Bas w @ Bf gO" a 2 gw be eee Sy os a a a an ao Bo fe , & 2 BSE 2 ms ei EAeA er es ec we ged wy gS " et Oe Swe & ee & we eh ° % oe on Spee ? eed r, tat a : % m poet a ce et ee don 7 7 we, eo ,. dl oe no 7 mex fem, et age os ae teed ie rat res tage xz a pares ry he a) Be oe eg ' ', ic Poe we, ms teat ~ a Teg! tae 'eae! oS Oey, re iw ang me me Soak i: me & & ; aS x pa i ina fod fea fos hee ies ta ve wa we te Bm Mw oad ft te rags bas od 23 peg bee epenee ie opt oa a tt Lh 'ae pd Saba, oo 3 tat we * ¢ ees + a eS x ones ao Being, ie fet ad ~ r% rs Ae att wee Ey RY "eee is F £% Ka mB wh 'ad weed Se Me EB me * he ue & te had a3 bes "one ng He RR * fin rae 2 we oe ' y 5 3
4 a te Be ae oe o , Beg ee Bw om & fon, nil 4s re 3 ws ks ot af re 'bon PA tes 4 an he " ', ne) i as ha ee) vert eee veg & a B&B BE my, q + a ae ow : Dae' '00s a ed shee . Z "SS "e iat fe rt Z a wg we 2 tr, ee OES on , Ss wm od a io peek can) Pe a vee no. SR oe "Aut , hoy we. Pa tot thnk a; ot <$ M Eas b ae. ~ ha mw. po ae wa eet es a et $4. * "ies, ', G6 MS ds Pod me % oo wn o ie a se i 7 ot , a ind a ee BB "i, 1 oS me "em coe aA fee te mg 'of ve g is hei se 2 om = " ie 3 i a a ae eo i s ER Gey & Rm ey ahs "07 Sna cs Oe "4 SG i "73 ow oa pats pe ~ Pe ie 54 ret, G 34 G3 & mo Se $ , hes ; he a pa . he < Sy tt new, ft, Pasec! pet at oad kee we oe st rt § 3 Ser ges fo 2 ; Se OMe sea oa os ie a he ca : fees & oe ood es 42 6 ee & Bop wa as ist te os hea me na bn Be gs oe Be ae BOR yu, ee Lh: oy weet ai a wa cas : "4 He inl 24 me oR m™ Re ge "a * £3 Fae 'ead wet pam 1 ra ben G wn at Be ~ oa wes ot, a aot a veg fetes wh 4 Z a pid pee ve s. oH So pe ay 'ed " a9] ¢ Mee a te ron pe ag bases a9 bel ioaas| Be i ORE ae wm BOE re on 6 os fuk ie ee y we fe go & & are a "3 wd my . heed at 3 obs ae A cd fe a o~ we Py pod aes oR s) g tp iY wes ee ad aa yee oe Ci By 2 EF 25 4 aah me we nh fap) ors 4 See ho " ae Re, EE ga a on Rood ee oa Sader wa ree "ef soos . 4 ; . 3 Bs cae rC% pa om he aA pan "x "eg we ia Ye ws Pad a a on a7 we se cho Ce bes xe e Face we Peek 3 belt bee ie wy & " we ES et ea "xe ay at = and th pans a es ress os a ee Re J ~ os : j " : x = , z 3 oe 7 * pe "4 a , ot aon ro A me oe "-- 5 Ge 2 x ' ae im, d pod , nant ta! Far wet ae " ie i iy ie os oS Eb ae ei ad 00 Bs 6 om ES se Ye ay ¥4 Bast By nt woe wha. ° "sot ° head & a 38 % SS aa oe ces : " a % ig reg 4 eke, a 2 "m, ra) oe a o 33 ar tae Ext : a te an ae fs am rey bd ae ee ot 25 on A OS. an is maend ar r $ S * 2 bas. yore, & pe ioe ; as ay 4 in ore os Noes te by eo 3 ths & tm, GB on fe tet en "nat pa os Sete me OS oh " SE weg + a % fea, es ng oes ee tr te 8 x Pomel ee cael es " oe ven te a ee eRe Tes, we ge bani oft pane, a rs ; oC EC fe ay fs ro ay Z rf 'ado yhe Oy & 3 rt rt yon ine et "ad Keel & & a GS 2 2 @ ws us 5 bee a von a one he a a ay a had ith Sans SS 'ed on pe fod hat roa Pied oo £ nee Ai Koa yA Le, H , an ' 4, Sede a hee ta g a, pe reed io on e oH ; bad re z an we 48 pole aed re AE ion vat te ter" 44 ion 43 Bsc i aes a wees, of gee wat we td Se a: 5 ot oes, ee . , Acard tege ws J 4 x - set . ™, wae a ae ay on %3 ws "bad fra che wast nebed bbe eles, whee Bi ie os ee ome 3 x me be] fa Bs y, pas A 'es tS is % we ee oR 'eek oe .
ae im 86% Ai oe : Cf , ot SS 4 3 t ;
Nf bse4 Se & A :
v4 & a & 3 * aise . 3 5 cs se Be tgs 4 . ta Ok oe ce 3 o Br ue % cy) be Me & E ee a we Bed E oe 2 Ch st oS io ee ints os K * " '" eae ,
4 we :) fer Psd $ "33 a By _ - sad ea i a 2ob o z ' Z ee & se vA ft, om, Tow ie ort a $ toe wn oe 4 tt BB fy of a i pe a ie a et . set ae zt Ke at +4 ¢ Re "we pe % 3 ee tad oe .
pms 93 raha bol a i ze oe ut mee. 6: 45 ood w305 3 werk % :
2 og % ax aed : te a : :
& 4 ba % , : % 6 er ae hed a x 2B at a od | ws ~ 8 & e % * ® Band a Saat $ 3 t eS is £ ° be 560 "ah i" ¢ Fe Te ac ts : wee en :
= & we 4 @ s :
By oe * eg _ we 5 i & or Sie set ot fre :
ye re ogee Boog neeg $ oa B oO ; :
Boe ise) Bad oe he 2 eg : 5 ps * pnd ed ao es S eee oS > oS - ea MA a a Fae' neon isa "
oe £ % % oe oa 4 oe oh &é : ba wg wt ae bss ae fe A Th. +6 os G wy me BB "gg Z iS " Pa Tee & $y . Ro Oo ed ee eM . gt y poe the bee Be & ope ; % aS: we et ne bens, " te Be, 4 ' z ; . Pate i, rad ws ~ x B °c <8. hs ee wef Bead j z x 4 ach. a ws 5 gon, eS G8 2 ~ 6 oie e & o B 5B e oe te La BLE at by Bs oS z. 4 06 a gn ee $ + BA "4 ii aa : en 2 6 ws Beh ad ses oy oe ee 3 aoe we cd a we Fa x he Wy ae ae re .
or ; nae oa BD sees oa S oom oS pee hed ETE os 2 Rov fe he eR oi [0 an ERS TS te ope Pel ones, ne! pos BP mn 3 GE tried aa 2g "en Be ee it zE te ae Pee ee ae 3 Pe me fee % gO me z EE Ge A ;
Dg BM ; ; & ee Be ee es 8! : os : a no ; eed, rd aE pa t rs 5) BBs EEL ¢ oe g ee & % oe wee gk ON tee ay os a C6 EE oy oes ona oe & © a ay $5 PE OR aero , Fs a ee 8 2 2S @ Lion a % % G e € 8 BS | ze e be Ah % se! eae Sea we BO ee ; ' es Pan By we XS Set SB BR BS " ws tage T ae te My Fs Ete a at & 4 a ae RS SOR i rns? ae me Secs a So RB op Bw ws pag bed Be pw + Re ot oe wy . ae Fah te eB gO ee ia Sad 4h "2 & tog ns Os % fen ts reed Pa wee oh Ag we r - & peed "ah: Seat Proce i ------ TTS 704 Se TS Sy EO Sing, 0 Qe % a nas ps mod ope, oa Me LG a " PE Rad eke oe cope tee we & 33 i ae 5 cA oe wh Ee ee 2 j th Ki FG os a as Ga ge < we fe a a cs ee fA. No, SOO of 2047 Dist-Balangir.
ai. Uingaral 8 So.
_ Marabahall, Oleh - Salangir i rin.
cere ce 3 x Yoetar Flehbaeest 5 <4 peek + iO. Whe the above order af Collectar, Balangir was mot complied and the teapandenis issued advertisement for filme wo post vice Annexure Ast, thee epphcant and seme other persans fled WP EQ No. SAO POTS before x x. ¥ at ~ wy a pee Fe, Qe SRoieeh PR oy ee weet oy ate eo y ne Nom"bl: High Court of Orissa TRNPINE SA Cosari wile order cated appainiment made pursuant to the Be o re ee cy ee we po.
veneer:
.56
me a, = fom.
poee sees A te wy pe feed rege nef rood.
fas os, aS g Praca tg at th "<4 % wi ate, Fad ~e oy oat Cat yr Seer pat ry.
+ "a oa poe ao ye Anrexure ithe advertia petition, The said writ petition was disposed of by Hon'ble High Court vide
3) order dated S0.10.2015 giving Nberty to the peiiiionrs te approach thi & Tribunal for recdressal af their grievance.
¢ ii. The respondents too had fled WP i) No, S287 (2014 before Hon'ble High Court against the urder dated 31.12.2019. The same writ petitien tac was dispesed of by Hon'ble High Court vide order dated 2G. 102016 with observation that "Since the aforesaid matter is with regard to appointment of Class NT and Class IV posts in Ordnance Factory, Badmal, which is a organization of Government of india, Ministry of Defence, without fulfilling the previeus comumitment and the Scheme prepared for rehabilitation of the displaced persons, the private opposite partes should have appraached the Central Administrative Tribunal as provided neler Section 24 af Administrative Tbunals Act, 1298S fer Y priewnnce, 2 ary the applicant approached this Tribunal ay Alling OA Nea, was chaposed of vide order detel UG. 19 2016 piving: bberty O.4. No. S60 of 2017 yer BY > te the applioant te make a representation te Respandent NOS whe wes diranted to dispose of the same by passin a apsakine anc yeaASONEL order The applicant had submitted bis representation which was rejected vide arder dated TRO2 2017. The apnlics which was disposed of vide order dated oyt\ seas pepe bayer. EPL aed ye pk pedyage ake deaed PCR Seo 3 eee et af «kiln 3 Beck a gen sey ody ee observation that the order dated OS.22.9015 af this Tribunal esas neat cmmpled since the order dated PG OS. 2017 was signed by Works Manager whereas chrectien was given. ta General Manager, Accordingly matter was renuitied back to Respondent Noa. 3 t) reconsider anc pase a speaking and reasoned order.
TQ. The General Manager, Grdnance Factory, Badmal Le. Reaporient No. 3 in complsace to order dated 19.05.9017 af this Tribunal passed order he Ke onal pst we Mc LOLOV OLY reyecting ihe case af the applicant. The said order is Bas "2.7 Rave esamined aud considered the regrasentotion dated 27.12 2018 of the above somed apolcent in the Fght of the dinentions passed by the Han'bie CAT, Cuttack ond found thet the apolicunt fas submitted She following grevences in ils sforesoil maresentation d. Extend Renefh of employnient in OFOL te the applicant being a member of fend sisplaced family for establishaieat of QFBL In confanmity with aoint, object and tenor ay spel out dr REA Policy Introduced by Gavernaiéat of indio ana 2 Plot No, 03/2 of Khate No, 148/105 measuring aa area Ac, 2.00 of mouze Serhamal recarded is the nome of Ais father Sa Rebhe Sag, fordly acquired fy the Ordnance Factory Sadmeal since L805, seither aay compensstions Aes been paid nor ang employment prowdes te aay of the fomily member of tie petitioner as per the policy decile af the Central ood Shots Goveniment and:
3... Meeting Aeld aith the mpresesteviee of dhe Oninesce Fartery Bedmet with Callector Balangir an 42.2.2016 and te implement the directions of the Collector Balan autcame from: the sat weniing gaat
4. inspite of abour, no actian hes Geen token on the ples that WE IC) No. S28? of SON4 wos subjudiced fy the Hon'ble High Court af Orissa and:
&. Fo provide employment in Oningace Factory Sadmel
2. TRet-wath regerd te dhe Orievenre Ne. P menNiowed whove, 2 & sates Mat rehabilitation policy af State Govt. relating te establishment of Orinance seinvitnannenmnennnnneennnedddeds we bem factory Solangir wos spelt at iy Ge Govt. of Odishe, Home Beptt. epeial Section} Memo No. 8856 dated 27.12.2985. it was mentioned In the policy fetter Mat os a result of scquisition of Romesteed inad jn alee villages, 936 fomilies hove doen evicted and an accovat af executian af Dumerbohel Water Supply project, 84 fourviies would be rendered homeless, Those 1030 Heter revised fo 1030) families are trented as Lond Displeced families end they were te be provided with folloudag rebabifitation measures:
fa} Qae member from each displaces' families wil be gravided with employment io the project.
fb} Each family will be provided with land for residential accommadation free of cost.
fc} Each family will be paid @ Rs, 40007. trawards canstructian of hawse.
fa} 10 colonies will be set up and 100 families per colony and each calany wil be provided with 3 tshe uselisiwells, one peimary ached, ene community teotre dead vittoer rade, The akowe list of ined displaced person was finalized dy the Govt of Odisha and Govt. of India after the appravel given by Govt. af Indin vide letter Na. & Seal S5-Fry detest LOS PRRs.
Since you are set covered by the above schime of rehabilitation of Govt. of Odisha policy and your name Aas not been Sted In the fist af LOP fointly made by Sete Gavt. and Central Govt, yeu ere aot eligible to get Benefit af enunopment in Grdnwnre Factory Savoia,
3. Ordeance Factory Barina! hos an sarced fist of 1020 fubseauentiy revted to 1030) displaced families prepared jelntly Setween the State Govenungnt mad Adinistry of Defence in IGSS & Final and sacrosanct fo witch GFSGL hus Been followiag. Ht is alga relevent to mesition kere Mat white disposing of the claims of the Petitioners submitted in pursusace to the divections Containad in WP IC) NOL 2316/2007, 5836, $923 and SO25 af 2007, the Collector Selengir wide He order Na. S8OSiuel doted FIGS. OOS hes Hele thet "as per the original decision, one member of each of the families out of 3830 cases have been provided with employment opportunity and Me present cigines are perverse, thus, fack merit to be considered". Since the Mepiount's same or Ais fomily did' set find giece in the said agreed Ust of Fa20 {subsequently revised ta 1090) family, the same benefit cannot be extended indeflaitely ta indefinitely numbers of peaple Hike the applicant.
4 (With regards to the Grievance Na. 3, it & steted thot a WE IC} No. 18936 of 2008 ~ Sebhe Beg vrs UO! end others is naw subjudiced before the Hon'ble igh Court, Cutteck With due regard to iis court case, it js farther mentioned bere thet vide letter dated 21.30.2008 feopy enclosed) the said Sri Sobhe Bag and is son Shri Sushil Bag {the applicant) hed adnvitted Met they would not press Meir daim being not legally entitied and requested te drop te cose. fy addition 8 & to be mentioned Mere Grot 200 acres af ined over plot No. S032 of Sarhomal Mouse as Siste gat. Joad after due damarcatiog on the ground from the concerned State Govt. Authorities, The Asst. Defeace Estate Olfesr, Bhubaneswor hus aise stated thet the anaticant hes ratved the puyteat of compessation after a jong spun af Nime de. more than Awa decades whereus Me scguisition proceedings were already completed during the year 2986, The lend in acquisition was duly and legally handed over and possession thereof wes delivered' to ADEQ and OF81 by the Competent Authority, and since ten OFBL {sin rightfal and legal passession of the said lend. OFBL is, therefore, not Neble to pay compensation to the Petitioner as OLA. No. 560 af A?
Me contelized value for entire Gave. fond Sas already been paid te the Shute Gove
5. Thet with cepard to the Grievance Nos. 3&4, 9 meeting was conveyed by the cCallecter Balangir on OS OSS016 gad amongs? offers, fre representative of Grdneace Factory Badmeol aise etteaded the sell mecting. ia the auid meeting QFBL representatives apprived to Calfecter Bolangir Not the Wirt Petitias No. S37 of 2014 was suijudiced and it wouhy see be just and proper te toke gop acNos oF Uns regard. ODeewlie this, the Callector Balonglr vide fis (Minutes of Meeting we Meme No. Sia dudh Dated IH8D 2618 wrivised the Ordnance Factory Authority fo move lo thelr higher authority smmedietely for inclusion af 22 persons in the Hse af displaced families ood obtain necessary aporeval for Mel apselstment. QFEL in rekon intimated to the Collector, Safangir on 12.03 2016 thet the Minutes prepared by the Moctory aad the Minutes prepared by the OF ike of Collector, Balengir aye poy congrueet and! require fo be reconciled. Nece ten GFE has sat pecolved the sequired revised Minutes of the Mesting held an OFF. 2018 fram the Collector, Solyagir in the matter. Hence, OFBL is not ing positian fo take further action je this regard.
& his to mention bere that the WP (C} No. S28? of 2014 wes filed by the QE fadmal on behalf af Union of Inala challenging the Order dated REER2OL2. passed by the Convector, Saieagir being whaly legal, unreasonable and unjustifiable aad is fable to be quashed. The. Coflector, Bolungir without rehding into the records maintained by the OF Badmal passed Ais order dated 21.25. 2022 thet the hee persons Nomely Fh Bidyadher Satu Sfo Niranjan Sobu oad Shri Ruibera Dip, Sfo Muntrem eve been recommended te give employnwat in contravention of the Rebobiltotion Soheme af Me Government although record shoe Ghet Hhelr fathers areyfmere working In the Factory against the diolazed quota. is onididon, the nome of neo ether persons samely Shr? Galekha Bhoi Sfo Jogeswar and Shri Kaberea Rene Sfo Uddheba have been recommended to give employmical do not aeewer in the Het of 1620 {subsequently rovised to 1030) displaced persans flualized jointly by the State Government and ligion Goverment in 2985. 48 regards other 22 persons named in Ne Callecter, Bulangirs order dated 3L22. 2023. 0 wus mentioned in dre WP (C) No. S28? of 2024 thet merely because samebney is the focal casdidete env passess requisite qualification and bed been called to interview does nor mean thet be is gantied fo Be vagaged in the fob. Hence, Che 22 persons neenied fy the Coleetar's fist do net deserve any consideration, as hes been directed by Me tatlector, contrary to the astant Rules and Gowt. Orders in the matter of employment The WP I) No. S287 of 2014 was, however, disposed of by the Hon'ble High Court. feutuck wide Ns order dated SQ.20.2018 directing the privete duposite: Bas heapproach ty Hon'bls Central Sdausistrative Tribune! as provided under Seeton 14 of the Administrative Tribunals Act, 1985 for redsessal of Shedy grievance, any, being this matter relate to anootntment of Class Hi deaf Chess i¥ posts Gr Ordawnce Factory, Sadmal, which Is a organization af Govt. of india, Atinistey of Defiener.
2. -Fhet eith regerds te GNevence no. &, as alredy stated ebows, FE refterated thet srerely because samebody & the fora! candivete gad possess requisite qualifiesting and bas been upaeoring ta avitten test ete. dees not mao thet he © entitled fo be engaged iy the jo. As regaras eppoioiment of the Agalicnnt or Ordnance Factory, Sedma, it is advised to him fo anny far his ra OA. Ne. S60 of BOL yor pera guiteble pasts fs} ance Nhe advertisement {5} & published and fis candidature will be considered along with otter coadidates as Ber the prevailing rides.
R hot # & relevent to mentins here Chet o irit Petition bearing WIP IG) Ao. 2086S ef DIO wos Med by 36 petitiosers hefore the Hon'ble Nigh Court of Orissa, Cuttoe® in which the present agplicnst was giso ane af the Petitioners Seing Petitisner Na. 24. The Nan'bie High Court, Cuttack after hearing the above mutter dignosed of the Writ Petition vide Ne order dated 18.09.2012 possed in 20243 of 2010 directing to Me Collector, Bolengir to examine the claim of the Petitioners. in purswance to this Order dated 1B. 2022, the Callectar, Selengir passed Ne order duted 32.32 S052. Further, 23 petitioners including the present applicant being petitioner no. q egainst filed another Writ PetiNon bearing WP (C) Ne. 9924 af 2015 before the Hon'ble High Coert, Cutteck ta implement the order doted 32,32. 2017 passed by the Collectar Rolangix. A Contempt Petition bearing CONTESS19 af 2013 was also fled by these 26 petitioner Aefare the Non'Me Migh Court, Cuttack in which the appicant is elke the petinoser No. 24. The Linden of indie being aggrieved of the order dated 31.42.2012 af the Collector Salangir hed alse Filet a Writ Petition hewring WE C No. $287 of 2014 before the Hon big High Ceaat Cattack in adich the present apeiicust & aise a opposite purty No. 23. The Wi (C} No. 9934 af 2013, CONTC No. 518 af 2013 and WP fC} No. S287 of 202 were disposed of by the Han'ble High Court, Cotlark on 20.20.2016 directing to the private apposite parties to approach to the Hon'ble Central Administrative Tribunal te redress thelr grievance, The OA No. 265 of 2010 was oace ordered to fe aver wes withorawe by the Order dated 30.21.2016 of the Hen 'ble CAT, Cuttack. After aff these court ouges, The present Applicant Fled OA Ne 884/2018 before te Nan'be Central Administrative Thihunal,. Cuttack and the Hon'ble CAT. Cuttack' vide &s arder dated O82. 2018 passed in OA No. 877 af 2018 directed fo the aresent applicant te submit a conrporehensive represemation to respondent Ne, 3 iGereral Manoger, ordsence Factory Bedmel}.
8 Having regord to Me discussion mode in the foregving poragraphs, f fored that the applicant is not a listed displeced person as per the agreed ist of 1020 feubsequently revised te 1030) displaced families prepared jointly Setawen Mie State Gaventment and Ministry of Defence iy 1985 which is Hae! and sacrasanet. Further his claim regarding plot No. 5032/1 is sot tenable as brought aut ja the afpresald paragraph. Hence, his representation doted RP IPIONS submitted Ja sursuance to the order doted 09,1.22018 of the Hon'ble CAT, Cuttack passed in OA No. 87/2076 bs hereby disposed off Reing devoid af merits.
20 The aforementioned reasoned and speubiag order is sued of compliance aitt the directonsyorder doted O8 226 passed dy Hon'ble CAP futteck Bench in OA No. S77/2096 and order dated 19.08.2017 passed ia OA No. 3823/2017 in the matter of Susi Beg wes Union af india & others.
id. f is the stand of the applicant that order dated 08.01.2015 of Caltlector, Bolangir passed in compliance to the order dated TS.09.20 passed by Hon'ble High Cocert im WP (5 No, 20243 /2010 has net been complied with by the respondent department since they have rejected the RA. No. S80 of 2047 case of the appkcant mechanically. that Horr tle Nigh Court had directed the Collector to examine the claim of the petitioners and ithe petitioners satiely that they are clgihle and establish their clan with referenoe to the documents, they are required to be given eo: mployment wader the sohueme. In carmpliarice to the said order, Collector and District Rad passed a detailed and reasoned order dated mee MNS 3 Cyan pe S$ BS Pebhomers ar vy meribers whe had lost land due ta esteblishment af factory and gave the finding that the onus Hes with General Manages , OFBL, Badmal to provide employment to them. bs the secamed Lat, where the applcaniea game finds place at SI No. 30) ip vas held by Collector that they are local candidates havin requisite quelication hs ee oy yaw, as we a my a 7 and elloibukty and have been called ews brat ignored by feenverine % Rites eee N o* ei thragshege eyes sre See Eat ieaee ede Sap eee Fey ge hy . ' the outsiders. The Coflecter gave the finding that they fine! fuding the apphcant) deserved to be considered against future vacancies in phased SURATUEET 1S. im camypdiance to order of this Triksinal in GA NO.
resporionty haye passer! a spea Pad reasoned order dqueated al para 1S of Gis order} dealing with all the grievances of the applicant arad taking the anidd stand that the agplcant Is mot displaced person and there being mo provision under Reeraitment Riles for providin IZ employment. to local candidates, rejected the case of the applicant.
YD that the Collector, Solansi we P&. oHis seen from fe von Ris report dated on OS.OL2OLS never gave findings that the applicant or Ide family lard due ta canstraction of the factory, therefore he daes not qual) to be iS Cr era Ga No. 2G of 2007 fand choplaced perser. Hon'ble High Court in its order dated 18.00.9012 had also clearly gwen direction that if the petitioners therein satisfy they are eligible and establish their claim with reference to the documents they are required to be given employment under the scheme. The relevant Qe aches: in this case is dated 09.99 1986 where it was sp tically stated thet Z ore member from each dis;
oa famuibes will be provided with employment in the project. The muriber of farnilies identified was L200 isubsequency revised to 1090) 'The applicant beim mot identified by the Collector, Ralangi in his report ae dered displaced persan does not qualify under the scheme ta be given any enrployment.
Ta, ir view af the above discussions, this Tribumal does not Sind ary sarder passed by the respanclente in reflecting the claim af the .
x applicant warranting interference by this Toihunal. Therefere the OA is dismissed being devoid of rserit but in the circumstances without any order (PRAN OO BUIMAR D8 43} MEMBER {A} my 3 N N 3 N g N g N g