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Judgment
Heard Mr. A.H.Hazarika, learned counsel on behalf of the petitioners as well as Mr. S.Sen Gupta, learned Addl. Sr. state counsel on behalf of
the State respondent.
The petitioner''s case in a nutshell is that:
The brief factual matrix of the case is that the Petitioners and 592 other members of the Joint Action Committee, MGNREGS,
Selsella C&RD Block, Selsella are Tribal people of remote and hilly areas of West Garo Hills District, Meghalaya. They had enrolled
themselves as Household Members under MGNREGS and had obtained Job cards under the Scheme and since the year'' 2006 from
their respective Village Employment Council (in short V.E.C.) issued by the Block Development Officer and Programme Officer,
Selsella C&RD Block, Selsella, and since then they had been engaging as daily wage earners by their respective VEC for
implementation of MGNREGS Scheme in their village by paying prescribed rate of wages.
That the Deputy Commissioner cum District Programme Officer, Tura received complaints from public and others that there are
some bogus Job Card Holders and some Government servants also obtained Job Card fraudulently and in turn vide Letter dated 30-
07-2014, directed the B.D.O & P.O. Selsella C&RD Block, Selsella to verify and enquire into the matter under some Guidelines by
engaging 4 (Four) E.A.C. to verify the Job Card under the entire Selsella C&RD Block, Selsella.
That is it pointed out that the B.D.O. & P.O, Selsella C&RD Block, Selsella engaged some Anganwadi workers and some
outsiders to carry out Socio Economic Census and National Population Registration Census within the jurisdiction of the Block, but
the Enumerators conducted the Census randomly by sitting in the residence of Nokma and some people without visiting each and
every family/household, maybe feeling lazy being hilly areas and residence are scattered from each other and not contiguous as a
result of which numbers of families/households were being left out to Register their names in Socio Economic Census and National
Population Registration Census. The Inquiry Officer/Verifying Officer whimsically and without properly verifying the documents of
each households/families, resulting to issuance of Impugned Letter/Order dated 13-10-2014, deleted the Job Cards on the basis of
partial census, that also without affording any opportunity of being heard before deleting their Job Cards and for that the deleted 592
Job Card Holders have become jobless in their own villages and VEC members are not engaging them in the works under
MGNREGS Scheme, as a result of which the 592 deleted Job Card Holders are facing great financial difficulties to maintain their
family members and depriving their fundamental right to work and earn their livelihood.
That the Petitioners prayed that the Hon''ble High Court may issue appropriate direction to the Respondent authority to restore
back their deleted Job cards and partially modify the impugned letter dated 13-10-2014, and may pass any other appropriate
direction as Your Lordship may deem fit and proper.
Learned counsel for the petitioners submits that the petitioner''s grievance is limited. He further submits that there were 592 Job Card Holders in
various VECs and their Job Cards were deleted and some of them were not re-instated, so he prayed that direction may be issued to consider
their representation which they are intending to file in accordance with ''The Mahatma Gandhi National Rural Employment Guarantee Act, 2005''.
After hearing the submission of the learned counsels, respondents are directed to examine the representation and all the documents as per the
Act referred above if any representation is made by the petitioners, and re-instate the persons who are eligible and entitled. This whole exercise
should be completed within one month.
With the observation and direction, the instant petition is allowed to that extent and stands disposed of.