Judgment S. K. Homchaudhuri, J. 1. Petitioners, who are working as foreman/junior Instructors/senior instructors in the Bhagalpur College of engineering, have approached this court in this writ-petition for issuance of an appropriate writ or direction to the respondents to pay them the pay scale of teaching staff as recommended by the University Grants Commission and/or All India Council of Technical education (in short aicti) by declaring the posts held by the petitioners as teaching posts. 2. I have heard Dr. Sadanand Jha, learned counsel for the petitioners, Mr rajendra Prasad, learned Standing counsel No.1 for the Respondents and Mr. Ashim Jha, learned Counsel for the Intervenor, and perused the materials on record. 3. In paragraph 28 of the writ petition, it is stated that as per the recommendation of the 5th Pay revision Committee, the pay scales of the Senior Instructors and Junior instructors were made identical, namely, Rs.1,400/- to 2,300/- and that being so there exists little difference between the cadre of the Senior instructors and that of the Junior instructors. Undisputedly, the workshop Superintendent, Foreman and Laboratory Assistant of different engineering Colleges approached this court for declaring them as teachers for an entitlement to get the pay scale as recommended by the University grant Commission (in short u. G. C. )for different categories of teachers. In para 6 of the judgment passed in c. W. J. C. No.7090 of 1988, a Division bench of this Court, amongst others, held as follows : "6 After giving our due consideration to the question raised in this application and after considering the facts enumerated in various affidavits, counter-affidavits and the reply thereto, we find that the prescribed requisite qualification and pay scale for the post of Workshop Superintendent/foreman instructors are similar to that of Associate professor/lecturer respectively as prescribed under the Statute of the Patna University. . . . ". 4. . . . ". 4. It is not disputed that pursuant to judgments passed in C. W. J. C. No.5220 of 1979 and C. W. J. C. No.2376 of 1981, declaring the posts of Laboratory assistants in the Government engineering Colleges as teaching posts, the Government of Bihar, Department of Science and Technology, by letter dated 15.10.1987 (Annexure 5 to the petitioner) extended the benefit of the u. G. C. pay scale of Demonstrator to laboratory Assistants treating them as demonstrators with effect from 1.4.1975, but without the arrears of pay arising out of difference of pay scale. 5. The Respondent No.2 in the counter-affidavit, however, contended that the posts of Instructors are not teaching posts and, therefore, the petitioners are not entitled to the u. G. C. pay scale. Learned Counsel for the petitioners has drawn my attention to fetter No.6617, dated 23.12.1960 addressed to the Accountant-General, bihar, (Annexure 2 to the petition), wherein the teaching and non-teaching posts were specified and the posts of foreman, Senior Instructors, decoratory Assistants and Draftsman were categorised as non-Gazetted teaching posts. Learned counsel for the petitioner has further drawn my attention to the letter dated 12.4.1959 of the Government of India, Ministry of Scientific Research and Cultural arrears (Annexure 8 to the petition ). 6. From the aforesaid letter of the government of India dated 12.4.1959 and that of the Government of Bihar dated 23.12.1960, it is abundantly clear that the posts of Instructors, both senior and junior, in the Government engineering Colleges are teaching post. Contention or the respondents that these are non-teaching posts is not tenable. From the Government letter dated 23.12.1960, it is also clear that the post scales of Senior instructors and the Laboratory assistants are identical and as such they are to be treated of the same cadre. 7. The case of petitioner No.1, who is said to be a foreman, is covered by a Division Bench decision of this court in C. W. J. C. No.7090 of 1988 and he shall be entitled to the benefit as per the said decision and as has been given to other Foreman. 8. For the reasons stated above, this petition is allowed. 8. For the reasons stated above, this petition is allowed. The respondents are directed to declare the Instructors of all the Government engineering Colleges in the category of teaching staff and to extend the benefit of U. G. C. scale to them as has been granted to the Laboratory assistants by order dated 16.10.1987. The petitioners shall be entitled to get the arrears arising out of difference of pay scale, if any, on and from the date of approaching this Court, i. e.18.10.1991. The same benefit shall also be extended to the Intervenor, who is said to be Senior Instructor. 9. Learned counsel for the petitioners submitted that during the pendency of the writ petition, the petitioners No.1, 2 and 3, on attaining the age of superannuation, have retired from service. It is made clear that petitioners no.1, 2 and 3 shall also be entitled to the benefit of the U. G. C. scale and the arrears arising out of the difference of pay scale as allowable to other petitioners and also consequential pensionary benefits. I make no order as to cost. Petition Allowed