Anil Kumar Sinha, J.—The petitioner has filed the present writ application for commanding the respondents to absorb the services of the petitioner on Class III post of Counter Clerk, along with all consequential benefits from the date of his appointment.

2. The Harshpati Singh College, Madhepur, Madhubani (in short, ‘College’), was made constituent in the year 1980. Thereafter, the Co-ordinator of the College, vide its letter no. 2889-3952 C.D.C., dated 11.02.1981, sent the details of additional staffs of different categories of non-teaching staffs as required in the College to the State Government for sanction on the recommendation of the Staffing Pattern Committee and the decision of the Education Department, in letter no. 938, dated 04.08.1980.

3. According to the petitioner, one post of Counter Clerk was also included in the aforesaid letter and subsequently the petitioner was appointed on the post of Counter Clerk on 10.11.1982. The petitioner, along with others, was appointed in anticipation of creation of posts by the State Government in the College.

4. Learned Counsel for the petitioner submits that the Principal of the College sent letter no. 295, dated 16.06.1984 to the Registrar of the Lalit Narayan Mithila University (in short, ‘University’), giving details of Class-III and Class-IV employees appointed on temporary basis in the College, wherein the name of the petitioner finds place at serial no. 2 of the list of Class-III employees, and other employees working in Class-III posts, namely, Amarnath Mishra, Binod Kumar Jha and Birendra Kumar, were placed at serial nos. 4, 5 and 6 and Mahendra Prasad, with a request to grant salary to the employees and for regularization of their services. The services of other Class-III employees, namely, Binod Kumar Jha, Birendra Kumar, Mahendra Prasad and Amarnath Mishra, have been regularized by the University by notification, dated 18.02.2016. The principal of the College, in the year 2001, published a list of non-teaching employees working in the College against Class-III and Class-IV posts showing the posts deemed to be sanctioned as per the staffing pattern.

5. The petitioner has continuously working in the College from the date of his appointment on 10.11.1982 and has worked as temporary employee for more than 33 years, but the claim of the petitioner for regularization is not being considered, which is arbitrary, irrational and discriminatory in light of the fact that similarly situated persons, who were appointed in the similar manner as that of the petitioner, have been absorbed on Class-III posts.

6. Learned Counsel further submits that one Binod Kumar Jha was appointed exactly in similar manner as that of the petitioner after appointment of the petitioner on 14.02.1983 and he was always placed below the petitioner in the list of the staffs of the College, and his services was regularized pursuant o the order, dated 26.08.2004, passed in CWJC No. 9215 of 1999.

7. Four non-teaching employees of the College, including Binod Kumar Jha and Amarnath Mishra, who were appointment in the similar manner as that of the petitioner on Class-III post, moved before this Court, in CWJC No. 9215 of 1999, which was disposed by order, dated 26.08.2004, in terms of the order of the Division Bench of this Court, in the case of Awadesh Prasad Yadav and Others vs. The State of Bihar and Others, reported in 2004 (2) PLJR 689.

8. One another similarly situated Class-III employee, namely, Subhash Chandra Mishra, who was appointed after the appointment of the petitioner on 24.07.1984 and has always been placed below the petitioner in the list of Class-III employees, filed a writ application before this Court, bearing CWJC No. 20099 of 2016, i.e. after the petitioner filed the present writ application, and this Court, vide order, dated 14.12.2017, allowed the writ application in similar terms to that of order, dated 26.08.2004, passed in CWJC No. 9215 of 1999 and the respondents were directed to pass cons