SUNIRMAL MUKHERJEE Vs. STATE OF ODISHA

JUDGEMENT

(1.) Both the writ applications have been filed by the same petitioner and involve similar facts and prayer for which both were heard together and are being disposed of by this common judgment.

(2.) The petitioner was engaged as a peon on daily wage basis on 24/9/1988 in the Research Wing of Shree Jagannath Sanskrit Visvavidyalaya, Puri. He was paid daily wage of Rs.10.00. The Research Wing was converted to a full-fledged Centre of Advanced Research in Sanskrit (CARS) in the year 1992. By order dtd. 17/8/2005, the Government in Department of Higher Education granted approval for creation of three posts of Research Officer at consolidated salary of Rs.7,500.00 per month, one Clerk-cum-Typist at consolidated salary of Rs.3,000.00 per month and one peon at consolidated salary of Rs.2,500.00 per month. The petitioner was accordingly paid the aforementioned amount as per order dtd. 23/8/2005 of the Government. On 9/9/2016, the Registrar of the University furnished relevant information to the Government with regard to the petitioner indicating therein that he was receiving consolidated pay of Rs.4440.00and that the posts had been sanctioned by the Government vide order dtd. 17/8/2005. It was also specifically mentioned that he had joined in the post on 24/9/1988. In spite of working for such long period, the petitioner's service was not regularised. The University in its letter dtd. 28/11/2008 submitted a proposal for granting regular scale of pay and other benefits to the employees of the Research Centre. Same was followed by some correspondence between the University and the Government but no fruitful result ensued. The petitioner therefore, approached this Court in W.P.(C) No.19169 of 2012 seeking the following relief:

(3.) During pendency of the above mentioned writ application, the petitioner was conferred with temporary status as per the order dtd. 29/11/2018 of the Vice-Chancellor of the University. Significantly, said order was passed after his retirement on superannuation on 31/8/2018. Temporary status was conferred on him w.e.f. 4/9/2012. In view of such development, the petitioner approached this Court again in W.P.(C) No. 28001 of 2019 with the following prayer.