O R D E R

Per Mr. Swarup Kumar Mishra, Member (J)

The applicant by filing this OA under section 19 of the Administrative Tribunals Act, 1985, has prayed for the following reliefs:-

(i) To direct the respondents to give appointment to the applicant in the pot of Electrician-Cum-Plumber immediately by quashing the letter Ref. F.3.21/JNU/NRL/KLD(O)/2012-14/392 dated 07.06.2013 issued by the Respondent No. 2 to the applicant (ANNEXURE – A/12).

2. The case of the applicants as averred in brief in the OA is that he had started working as electrician in Jawahar Navodaya Vidyalaya, Narla, Kalahandi since April 1993 and he had completed the trade of House Wire Man in February 1998 (Annexure A/1), Secondary Examination in 1999 (Annexure A/2) and one year Electrician Training in 2006 (Annexure A/3) as also he was issued by certificates (Annexure A/4) for good knowledge of repairing of electrical appliances by the Respondents. The applicant submitted that in the year 2009 he was asked by Respondent No. 2 vide letter dated 23.06.2009 (Annexure A/5) to submit bio data along with attestation copies which he had submitted and then attended the interview and practical test (Annexure A/6) but he was not appointed in the regular post of electrician and though he continue to work in the same post neither he was regularized nor given appointment. The applicant submitted that he came across an advertisement dated 13.102012 (Annexure A/7) wherein Respondent No.2 had invited application for the vacant post of electrician-cum- plumber against which the applicant was working. The applicant applied for the said post but the same was returned by Respondent No 2 vide letter dated 06/09.07.2013 (Annexure A/8) stating that the applicant was over aged. The applicant approached the Hon’ble High Court of Orissa in W.P. (C) No. 1335 of 2013, which was disposed of vide order dated 14.03.2013 (Annexure A/9) with granting liberty to the applicant to make a representation to Respondent No.2 and directed Respondent No.2 to take into account the previous service of the applicant. The applicant submitted that he had made a representation dated 21.03.2013 (Annexure A/10) which was not answered and he continued in the job as before without regular appointment but Respondent No. 2 instead of paying wages in the payment register after taking signature on revenue stamp paid the wages in cash without taking signature of the applicant. The applicant submitted that while he was attending his work, Respondent No. 2 vie letter dated 30.03.2015(Annexure A/11) requested the local employment exchange for sponsoring the list of candidate for recruitment for the vacant post of electrician cum plumber. The applicant approached Respondent No. 2 to consider his case for the said post as per direction of the Hon’ble High Court which was not acceded to. The applicant further submitted that during the course of hearing in the present OA the counsel served a copy of letter dated 07.06.2013 (Annexure A/12) wherein the representation of the applicant dated 30.03.2013 of the applicant was rejected.

3. The respondents in their counter inter alia averred that the applicant was engaged on daily wages as Electrician only with intermittent breaks but not against the post of Electrician cum Plumber and certificate issued on 1.011.2012 clearly shows that the applicant was engaged as daily worker and his service was not for regular period. The respondent further submitted that a trade test was conducted at ITI Bhawanipatna on 12.10.09 but due to administrative reasons vide note dated 30.11.2009 (Annexure R/1) the said interview was cancelled. The respondent submitted that vide advertisement dated 13.10.2012 (Annexure R/2) the post of electrician cum plumber was published wherein the was specifically mentioned that the intending eligible candidate must have possessed the requisite qualification lie 10th pass, ITI certificate of equivalent in the trade of electrician and plumbing from Govt ITI/Central ITI