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 alongwith 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 nonsanctioned 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. 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.;