Pramath Patnaik, J. - (1.) In the captioned writ application, prayer has been made for direction to the respondents to consider the representation of the petitioner for appointment on compassionate ground as IVth Grade employee, under the scheme meant for land losers due to acquisition of land for establishment of Bokaro Steel Plant.
(2.) The brief facts, as has been disclosed in the writ application, is that the ancestral land of the petitioner was acquired for construction of Bokaro Steel Plan, Vide L.A. Case No.248/75-76 in award no.50 and the awardee was Putki Manjhiyan, mother of the petitioner whose name found place in the certificate issued by the Special Land Acquisition Officer, as per Annexure-1 to the writ petition. For acquisition of the land compensation was paid in the year 1983 but the employment was not provided. In the year 1984, mother of the petitioner submitted representation for providing employment vide Annexure-2 to the writ petition. In the year 2005, the mother of the petitioner sworn an affidavit stating therein that the name of the petitioner has already entered in the DPLR Office, Marafari, hence the authority of Bokaro Steel Plant may consider the name of the petitioner for appointment on compassionate ground under the scheme meant for displaced person, according to which one member of each displaced family ought to be given employment in the Bokaro Steel Plant apart from grant of compensation and affidavit in that regard has been annexed as Annexure-3 to the writ petition. In the year 2003 the petitioner came to understand that several displaced persons have been appointed by the concerned authority in Grade-IV post and some of the persons whose cases were not considered have approached this Court in W.P.(S) No.6619/2003 which has been disposed of vide order dated 07.01.2004 with direction to the respondents to consider the claim in the light of the judgment passed in L.P.A. No.161/1996(R) and take decision with regard to claim of the petitioner. Being aggrieved by the inaction of the respondents in not giving employment to the petitioner, the petitioner has been compelled to approach this Court under Article 226 of the Constitution of India for redressal of his grievance.
(3.) Learned counsel for the petitioner has submitted with vehemence that the action of the respondents in not considering the representation of the petitioner for appointment under compassionate ground being displaced person in Class-IV post, amounts to illegal and arbitrary exercise of power. Learned counsel for the petitioner further submits that the respondents ought to have adhered to the objection as enshrined in the scheme for appointment of land losers since similarly situated persons have been appointed in the light of observation of this Hon'ble Court in L.P.A No.161 and 162 of 1996(R) and, therefore, there has been breach of Article 14 and 16 of the Constitution of India.;