Judgment Rajesh Balia, J.-Heard learned Counsel for the parties. 2. The facts not in dispute are that the petitioner was on extra-ordinary leave from July 1, 1986 to September 30, 1989. However, his leave was subject to grant of notional annual increment but he was not entitled to actual arrears of increments of the post on his return and joining the University. 3. While the petitioner was on extra-ordinary leave, he was promoted on the post of Assistant vide order dated 012.1987. Since the petitioner was on extra-ordinary leave and resumed only on 010.1989, and the post was lying vacant, one Shri I.C. Soni was promoted on 012.1987 on the post of Assistant during his absence. 4. On his return from extra-ordinary leave, vide order dated December, 1989 notional increments during the period from 01.07.1986 to 30.09.1989 were sanctioned in favour of the petitioner. While the petitioner joined on the promotional post, his fixation was not done w.e.f. the date of promotion but was done w.e.f. the date of joining i.e., 010.1989. Said Shri I.C. Soni, who was given promotion against the vacancy for which the petitioner was promoted vide order dated 012.1987, was junior to him in the lower cadre as well as in the cadre of Assistant and because of fixation of Shri I.C. Soni w.e.f. thedate of promotion i.e., 012.1987, his emoluments become higher than the petitioner, who was senior to him due to more increments granted to him. This led to making of a representation for removing the anomaly in the pay between the senior and junior on account of non fixation of the petitioner from the date on which promotion was granted to him. This request was not acceded to vide communication dated 04.02.1992 and petitioner made a further representation for reviewing the decision conveyed to him vide communication dated 04.02.1992, but nothing having come out, this petition has been filed. 5. The petitioner has drawn attention of the Court to Annexure-6 dated 20.01.1992, which was issued in respect of Dr. J.P. Sharma, who joined as Professor on 23.09.1991 but his notional pay fixation was made w.e.f. 01.01.1987 and actual payment was to commence from 23.09.1991. 6. These facts are not disputed, however, about Annexure-6 dated 20.01.1992, the respondents have only replied that this distinction has been drawn because Dr. J.P. Sharma belongs to teaching staff and the petitioner belongs to non-teaching staff . 7. 6. These facts are not disputed, however, about Annexure-6 dated 20.01.1992, the respondents have only replied that this distinction has been drawn because Dr. J.P. Sharma belongs to teaching staff and the petitioner belongs to non-teaching staff . 7. I am of the opinion that if the University has adopted to give notional promotion w.e.f. the date of promotion notwithstanding joining the duties later on because the person was not available in the University because of extra-ordinary leave granted to him without pay subject to grant of national increments during that period, no distinction can be made between the teaching staff and non-teaching staff for notional fixation on promotion w.e.f., the date of promotion. 8. In view thereof , this petition deserves to be allowed on this ground alone, and since the petitioner was entitled to notional increment during the period of his absence on leave for three years and notwithstanding the fact that he was promoted by the respondents by order dated 012.1987 and he jointed only in pursuance of said order, not making the notional fixation from the date of promotion only on the ground that he belongs to non-teaching staff but giving the same benefits to teaching staff amounts to hostile discrimination as it is not founded on any criterion having rational nexus with the object sought to be achieved by such classification. 9. Accordingly, this petition is allowed. The respondents are directed to re-determine the petitioners salary w.e.f. 012.1987 when he was promoted on the post of Assistant by granting him the benefit of notional fixation until he joined on the post. He shall not be entitled to any arrears for the period during which he remained on extra-ordinary leave without pay. However, from the day he joined, he shall be entitled to arrears. 10. There shall be no order as to costs.