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 Devi Chhatri Nivas. As per the provisions contained in the Utkal University Act, 1966 and Regulations governing the field, all the P.G. hostels inside the campus of the University and the employees employed therein are subject to disciplinary control of the University. The students of the said hostels are also subject to the disciplinary control of the University for their activities in the hostels and are responsible for such conduct. The petitioner, being an employee, is a part and parcel of the University and is being under one of the establishment of the University like other employees.

2.1 Some of the employees of the non-mess category had filed a writ petition bearing O.J.C. No.4411/1997, which was disposed of on 02.12.1998. In the said writ petition, this Court decided that if hostels are run by the University authorities, the persons/employees engaged, either in the messing department or non-messing department, are to be regularized and maintained by the University in accordance with the provisions of the Statute and other principles of law and equity. The University authorities can make the Scheme to regularize the services of the non-messing staff in the hostels. Such scheme should be formulated regarding the nature and scope of employment and to provide equal pay for equal work like the regular employees. It was also directed that the University authorities shall frame the Scheme, as above, for regularization of the services of the non-mess employees attached to the hostels, including the petitioners therein, within a period of one year from the date of the judgment, and send the same to the State Government within that period. The State Government shall take a decision thereof within a period of 6 months from the receipt of the Scheme from the University to create such posts as would be found necessary and release the financial benefits for the posts as admissible. Until such Scheme is framed and decision is taken by the Government, the services of the petitioner shall not be dispensed with.

2.2 The State Government filed SLP, before the apex Court challenging the judgment dated 02.12.1998 passed by this Court in 0.J.C. No.4411 of 1997, which was ultimately dismissed. Thereby, in compliance of the said judgment dated 02.12.1998, a Scheme was prepared and benefit was extended to the workers, who had filed O.J.C No.4411 of 1997 by regularizing their services. But the petitioner, who is continuing and working in the same post, has not yet been regularized due to inaction of the opposite parties. Even though the Government has already sanctioned 78 number of posts, but the post held by the petitioner has not been created nor has the service of the petitioner been regularized. As against non-regularization of his service, the petitioner, who ha