SRIKANTA KUMAR BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner, who is working on daily wage basis as a Night Watchman in Malati Devi Chhatri Nivas of Utkal University, Bhubaneswar, has filed this writ petition seeking regularisation of his service with retrospective effect from the date he joined the post, by quashing the order dtd. 30/8/2019 passed by the Registrar, Utkal University-opposite party no.3 under Annexure-2, whereby the representation filed by the petitioner has been rejected in compliance of the order dtd. 25/2/2019 passed by this Court in W.P.(C) No. 2013 of 2019, and further seeks for grant of equal pay for equal work, which his counterparts in regular service are getting.

(2.) The facts of the case, in brief, are that under the Utkal University there are 10 hostels and all are situated within the University Campus. They are:-

(3.) Mr. Jagannath Patnaik, learned Senior Counsel appearing along with Mrs. Soma Patnaik, learned counsel for the petitioner vehemently contended that the petitioner is working in the University since last 7 years without any break. Though services of similarly situated persons and juniors to the petitioner have already been regularized, but the case of the petitioner for regularization has been ignored. It is further contended that the services of 78 non-mess employees of Utkal University working under different hostels have already been regularized by the University, pursuant to the directions of this Court dtd. 2/12/1998 in O.J.C. No. 4411 of 1997, but, when the question of regularization of the service of the petitioner came, the same was rejected by opposite party no.3 taking a different stand that the regularization of the service of the petitioner cannot be done.