JUDGMENT :

1. The petitioner has approached this Court for direction upon the respondents to grant him pay scale of Assistant Professor (Senior Scale) as per 6th and 7th Pay Revision and to grant all consequential benefits in view of 6th and 7th Pay Revision with arrears of salary as also to extend all benefits to him in terms of judgment of this Hon’ble Court passed in C.W.J.C. No.3495 of 1992 (R) which was affirmed in L.P.A. No.158 of 2000(R).

2. Mr. Raunak Sahay, learned Counsel appearing for the petitioner submits that the issues involved in this case is now no more res-intergra and has already been decided in the case of “State of Bihar & Others vs. Syed Asad Raza & Ors., reported in AIR 1997 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