LAWS(ORI)-2010-8-101

SRI BATAKRUSHNA PALAI Vs. STATE OF ORISSA

Decided On August 05, 2010
Sri Batakrushna Palai Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) The petitioner prays to direct the opposite parties to regularise his services from the date of initial appointment with other service and financial benefits and also for quashing the advertisement under Annexure-3.

(2.) The petitioner claims that he was selected and appointed on contractual basis as the Technician (A/C) in the Bhubaneswar Orissa School of Engineering Cuttack hereinafter referred to as the B.O.S.E. for brevity. It is the further case of the petitioner that in order to run and operate the newly created Cinematography. Department under the B.O.S.E. the State Government vide Industries Department Letter No. 11493 dated 3.6.1996 created and sanctioned two posts of Studio Technician for the Light and A/C wing of B.O.S.E. Cuttack and intimated the Director, Technician Education-and Training Orissa, Cuttack.

(3.) Before initiating any action pursuance of the aforesaid letter for filling up of the post of Studio Technician (A/C) and Studio (Light) Technician, the Cinematography Department of B.O.S.E., Cuttack was reconstituted as Film and Television Institute of Orissa, (B.O.S.E. Campus), Cuttack. It is registered as a Society under the Societies Registration Act, 1860 wherein the Principal Secretary to State Government in the Industries Department is the Co-Chairman and Vice-Chancellor of Ravenshaw Autonomous University is the Chairman. The Director, Technical Education and Training Orissa, Cuttack is the Vice-Chairman and administrative head in respect of Class-III and Class IV staff of the said Film and Television Institute of Orissa. (B.O.S.E. Campus), Cuttack. As per first Meeting of said Film and Television Institute of Orissa, (hereinafter referred to as "F.T.I.O." for brevity), the process relating to selection and appointment for the aforesaid two posts of Studio Technician was initiated by the Vice-Chairman-cum-D.T.E.T. for filling up of the aforesaid two posts of Studio Technician on regular basis Vacancies were notified to Employment Exchange under the provisions of Compulsory Notification of Vacancies Act and Rules framed there under in compliance of the said requisition made by the opposite party No. 3 twenty eight names including the name of the petitioner were sponsored by the Employment Exchange. Upon receipt of 28 aspirants, they were called for written test out of whom 7 candidates including the petitioner were qualified and selected to appear for the practical and viva-voce test for the post of Studio Technician (A/C.). Pursuance of the written test result, 7 candidates including the petitioner appeared in the practical and viva-voce test. In such process, the petitioner stood first for the post of Studio Technician (A/C) by securing 64.50 marks out of 100.