Employment for nominees of displaced families under government policies is mandatory, and merely engaging them through outsourcing does not fulfill this obligation.

JUDGMENT :

B.R. SARANGI, J.

The petitioner, who is a nominated person of displaced family for Paradip Refinery Project of Indian Oil Corporation Ltd., has filed this writ petition seeking direction to the opposite parties, more particularly opposite party no.8, to provide him employment under the Rehabilitation and Relief Plan 2002 and Rehabilitation and Resettlement Policy of the Government of Odisha, 1998 under Annexure-1. The petitioner has further prayed to direct opposite party nos. 3 to 5 to take appropriate action for necessary compliance of the Plan/Policy vide Annexure-1 by opposite party nos. 6 to 8 and also to restrain opposite party nos. 6 to 8 to fill up the available vacancy under Junior Office Assistant-IV category prior to giving employment to the petitioner and make regular absorption of the petitioner in the establishment by giving such employment.

2. The factual matrix of the case, in brief, is that Indian Oil Corporation Ltd. (for short ‘IOCL’), is a Corporation created by the Union of India, Ministry of Petroleum, wherein the Union Government has more than 68% share capital. As such, the Corporation established its Refinery Project, a major Industrial project, at Paradip in the district of Jagatsinghpur, Odisha. The petitioner is under obligation to observe and comply with the policy, for Rehabilitation and Resettlement of displaced families, formulated by the State of Odisha for Major Industrial Projects. In the year 1998, opposite party no. 6 for setting up of its Paradip Refinery Unit at Paradip area acquired land measuring an area of Ac.3344.65 through IDCO (opposite party no-2). Due to acquisition of land, near about 143 families were displaced from their homestead land and many of them lost their agricultural land, the source of living. The petitioner’s family lost their house, homestead land and more than 2/3^rd of their agricultural land. Therefore, as per policy for Rehabilitation and Resettlement of persons/families displaced for establishment of Major Industrial Projects 1998 of Government of Odisha, which is applicable to IOCL, one of the family members of a displaced family is entitled to be extended employment assistance by the industrial project authority. Needless to say, the IOCL authorities have also adopted the said policy of the Government of Odisha. Out of 143 displaced families, the nominees of 94 families opted for cash benefit in lieu of employment and the authorities have fulfilled the same.

2.1 To give effect to the policy/scheme, the Government formed a Rehabilitation Advisory Committee taking into consideration the various members from different quarters. The family members of Kusun Rout, a displaced family nominated the present petitioner for the purpose of availing employment assistance from the project. The petitioner has the qualification of B.Sc., P.G.D.C.A. with typing skill. As such, the family has not received any other alternative rehabilitation assistance, either in form of cash or in form of agricultural land and opted for employment assistance only. Taking into consideration the extent of land acquired and loss of homestead, the district administration and Special Land Acquisition Officer, Major Industrial Projects, Paradip issued displaced certificate in favour of the petitioner. On that basis, the project authorities sent the petitioner for training at Government Industrial Training Institute, Madhupatana, Cuttack, in the faculty of Stenography. The petitioner with a hope that he would be given employment in the refinery project, joined and completed the training and came out successful in August, 2004.