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B. R. SARANGI
Srikanta Kumar Behera – Appellant
Versus
State of Odisha – Respondent
JUDGMENT
Dr. B.R.Sarangi, J. - 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 dated 30.08.2019 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 dated 25.02.2019 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:-
(1) Gopabandhu Chhatranivas,
(2) Madhusudan Chhatranivas,
(3) Fakirmohan Chhatranivas,
(4) Pt. Nilakantha Chhatranivas,
(5) Godavarish Chhatranivas,
(6) Kasturiva Chhatrinivas,
(7) Ramadevi Chhatrinivas,
(8) Saraladevi Chhatrinivas,
(9) Brahmakumari Chhatrinivas, and
(10)Malati Devi Chhatri Nivas.
The petitioner is working as Night Watchman on daily wage basis in Malati
Since there are no sanctioned posts on which any of these petitioners were appointed as irregular appointments, no such directions are warranted.
The main legal point established in the judgment is the entitlement to regularization and equal pay for employees who have completed five years of continuous service, as per the Dhrubananda Mishra ju....
The main legal point established in the judgment is the principle of treating similarly situated persons alike and the obligation of the employer to extend benefits to all eligible employees.
Long-term service of daily-wage employees justifies regularization without state approval, and previous benefits under welfare legislation do not prevent such regularization.
Prolonged service in essential roles transforms temporary positions into regular ones, necessitating regularization, despite initial stipulations against it.
Since the similarly situated persons have already been extended the benefit of regularization, the University should have taken up the cases of the respondents petitioners on its own and as a model e....
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