S.N.PATHAK,J. - (1.) Heard learned counsel for the parties.
(2.) Petitioner nos. 1 and 2 have approached this Court with a prayer for a direction upon the respondents to grant them pay scale of lecturer as per 6th Pay Revision Committee whereas petitioner no. 3 has prayed for a direction upon the respondents to grant pay scale of promotion in Lecturer (Senior Scale) as per 6th Pay Revision Committee. Petitioners have further prayed for a direction upon the respondents to grant them all consequential benefits arising out of 6th Pay Revision with arrears of salary and to extend all benefits to them in view of Judgment and direction of this Court in CWJC No. 3495 of 1992 (R) and affirmed in LPA No. 158 of 2000 (R).
(3.) Mr. Anil Kumar Sinha, learned Senior Counsel appearing for the petitioners submits that the issues involved in this case is now no more res-integra and has already been decided in the case of State of Bihar & Others. Vs. Syed Asad Raza & Ors. , 1997 AIR(SC) 2425 wherein at paragraph no. 5, the Hon'ble Apex Court has held as under: "5. A reading of the above clearly indicates that after coming into force of the Bihar State University Act, 1976 w.e.f. May 16, 1976, it is enjoined that for appointment of a teacher prior approval of the State Government is necessary. However, exception have been engrafted in respect of (a) the institution run by the State Government and (b) institution established by a religious or linguistic minority. Even the non-obstante clause in sub-section (2) also makes exceptions to the clauses (a) and (b) of sub-section (1) of Section 35 of the Act. Thus, it could be seen that for the creation of a post in a minority institution for the appointment thereof, prior approval of the University ViceChancellor or the State Government is not a pre-condition. The question, therefore, is; whether such an appointee, the first respondent is entitled to the payment of the grant-in-aid. By operation of Clause 91) of Article 30, all minorities, whether based on religion or language, shall have the right to establish an educational institutions of their own choice. Under clause (2) of Article 30, the state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether, based on religion or language." ;