shri venkataramani appearing for the aforesaid respondents has buttressed the stand taken by the respondents by submitting that de hors the aforesaid circular and letter the act ipso facto applied to the services under the board inasmuch as the board is a state within the meaning of article 12 of the companystitution and the act even as enacted had applied to all appointments to the posts and services under the state.
this date is material because it is prior to this date that benefit of the act was sought for and allowed by the orissa high companyrt on being approached by two members of the scheduled castes who are respondent number 1 in both the appeals which have been filed by the affected service holders of general category and the state.
the case of the scheduled castes service holders before the high companyrt was that the provisions of the act applied by virtue of a direction given by the state government as empowered by section 78 a of the electricity supply act more so because the board itself had required all companycerned to act in accordance with the provisions of the act by letter dated 3.7.76 issued by its deputy secretary on receipt of companyy of government letter dated 25.9.76.
1995 3 scr 797 the judgment of the companyrt was delivered by hansaria j. the two appeals require decision of one companymon question namely whether the orissa state electricity board hereinafter the board was required to companyply with the requirements of the orissa reservation of vacancies in posts and services for scheduled castes and scheduled tribes act 1975 for short the act before the board had resolved to implement the provisions of the act in its meeting held on 15.3.82.
