JUDGMENT : Pramath Patnaik, J. 1. In the captioned writ application, prayer has been made for direction upon respondents to consider the case of petitioner for fixation of pay in revised pay scale w.e.f. 01.01.1996 and for making payment of consequential benefits since persons similarly situated to that of the petitioner whose name found place in the statement of fixation made by the Ranchi University, Ranchi vide office order dated 18.12.2008 have been granted the same benefit vide letter dated 04.06.2010. The petitioner has further prayed for direction upon the respondents to make rectification by removing the discrepancy on the provisional pay fixation of non-teaching Class-III employees of Jawaharlal Nehru College, Chakradharpur made on 14.05.2010 as per statement has been enclosed in letter dated 04.06.2010 issued by the Department of Higher Education, Government of Jharkhand at Ranchi (as contained in Annexure-6) and for inclusion of the petitioner in place of respondent no.8. 2. The factual matrix as has been delineated in the writ application in a nutshell is that the petitioner was appointed on compassionate ground as Grade-III staff and was given posting at Jawahar Lal Nehru College, Chakradharpur vide office order dated 08.03.1994 and he accordingly joined as Routine Clerk on 10.03.1994. A list of non-teaching employees along with pay fixation has been issued by the Ranchi University vide letter dated 27.01.1995 and in the said list, the names of the employees working as against sanctioned posts has been shown wherein the name of the petitioner found place at serial no.5 among the list of Grade-III employees in the office order dated 21.01.1995. A list of employees working as against the non-sanctioned posts has been issued wherein the name of respondent no.8 has been included. The provisional pay fixation of the non-teaching employees of Grade-III and Grade-IV of the said college has been made as per the statement in letter dated 20.01.1995 and the Ranchi University approved the pay fixation of the petitioner as on 01.01.1996. But to the utter surprise, the petitioner was shocked to know that the name of the petitioner did not find place in the name of non-teaching staffs of Class-III and Class-IV employees in the college in question. Thereafter, the petitioner immediately approached the Principal of the College and also the Registrar, Ranchi University to do needful for removing the discrepancy. But to the utter surprise, the petitioner was shocked to know that the name of the petitioner did not find place in the name of non-teaching staffs of Class-III and Class-IV employees in the college in question. Thereafter, the petitioner immediately approached the Principal of the College and also the Registrar, Ranchi University to do needful for removing the discrepancy. It is also relevant to mention that Principal of the College vide letter dated 22.07.2010 has sent the pay fixation statement of the petitioner to the Director, Higher Education, H.R.D. Department, Government of Jharkhand, which has been duly certified by the Registrar of the Kolhan University that the petitioner has been working as against the sanctioned posts. The petitioner in the writ application has also cited the names of similarly placed employees and the name of respondent no.8 whose pay has been revised whereas the petitioner has been subjected to hostile discrimination. Left with no other alternative remedy, the petitioner has submitted representation dated 17.01.2012 and 25.01.2012 to the Registrar, Kolhan University and also to the Director, Higher Education for removing the discrepancy in the pay fixation and for granting approval of his pay fixation on revised pay scale. Since, no action has been taken by the respondents in revising pay scale of the petitioner, the petitioner has been constrained to knock the doors of this Court under Article 226 of the Constitution of India for redressal of his grievances. 3. Learned counsel for the petitioner has forcefully submitted that since the petitioner has been working against the sanctioned posts as evident from list of notification dated 27.01.1995 issued by the Ranchi University, the respondents are duty bound to make fixation of pay of the petitioner in the revised pay scale and for consequential service benefits made by the respondents. Learned counsel for the petitioner further submits that the action of the respondents in not mitigating the grievance of the petitioner inspite of repeated representations and relevant documents being produced before the College as well as before the University shows the indifference and utter callousness which is arbitrary, discriminatory and violative of Article 14 and 21 of the Constitution of India. 4. 4. Controverting the averments made in the writ application, a counter-affidavit has been filed by respondent nos.1 to 3 wherein it has been submitted that petitioner’s date of joining on 10.03.1994 whereas the date of joining of respondent no.8 is 01.08.1993 therefore, the respondent no.8 is senior to petitioner therefore, no discrimination has been done with the petitioner and the petitioner has been appointed in the college beyond the sanctioned posts. 5. A supplementary counter-affidavit dated 13.04.2018 on behalf of respondent nos.1 to 3 has been filed wherein it has been submitted that a letter dated 03.01.2018 has been forwarded, followed by two reminders dated 03.01.2018 and 16.03.2018 to the Registrar, Kolhan University, Chaibasa to clarify the status of the petitioner as to whether the appointment was made against the sanctioned vacant posts under prevailing rule and the Kolhan University vide reference dated 24.03.2018 provided requisite document by which it was found that the appointment of petitioner under compassionate ground was not in accordance with the prevailing law and the appointment was not against the sanctioned posts. Therefore, vide order dated 13.04.2018, all pending claims of petitioner for regularization of his services has been rejected as evident from Annexure-B to the supplementary counter-affidavit. 6. A counter-affidavit has been filed by respondent no.8 wherein it has been submitted that the services of the respondent no.8 has been placed against the sanctioned posts of 3rd and 4th grade employees which was lying vacant in J.L.N. College, Chakradharpur as per Annexure-A to the counter-affidavit and the letter dated 08.10.1996, the services of non-teaching staffs have been regularized/absorbed w.e.f 01.08.1993 against the vacant post sanctioned by the State Government wherein name of petitioner has been found place at serial no.19 as per Annexure-B to the counter-affidavit. 7. Learned counsel for the State as well as learned counsel for the respondent no.8 have vociferously submitted that since the services of respondent no.8 stood regularized with effect from 01.08.1993 therefore, the respondent no.8 is senior to that of the petitioner and the petitioner cannot stand on the same footing like that of respondent no.8, hence parity of treatment cannot be extended to the petitioner. 8. 8. Counter-affidavit has been filed on behalf of respondent nos.4 and 5, wherein it has been submitted that the required document in relation to petitioner has been sent to the Director (Higher Education) Higher Technical Education and Skill Development Department, Government of Jharkhand for consideration of the case of petitioner vide letter dated 03.12.2017. 9. Having heard learned counsel for the respective parties and on perusal of records, this Court feels inclined to dispose of the matter with a direction to the respondents more particularly respondent nos.1 and 2 to consider the case of the petitioner for regularization and for payment of revised pay afresh, taking into consideration that the appointment of the petitioner against the sanctioned posts in J.L.N. College, Chakradharpur, as disclosed from Annexure-2/A to the writ application and decision be taken within a period of eight weeks from the date of receipt/communication of copy of this order and decision taken thereof be communicated to the petitioner within the aforesaid period. After consideration of the case of the petitioner, if it is found that the petitioner is entitled to revised pay scale with effect from 01.01.1996 and subsequent pay revision and the benefits accruing therefrom be extended to the petitioner within a period of eight weeks thereafter. 10. With the aforesaid direction, the writ petition stands disposed of.