JUDGMENT : P.K. Mohanti, J. - Upon the recommendation of a high powered Committee of the Political and Services Department of the State Government, the hitherto existing separate cadres, namely, the Orissa Administrative Service, Class II, carrying pay scale of Rs. 260-20-300-25-400-EB-30-520-EB-35-660-40-7801/- (incumbents whereof were known as Deputy Collectors) and the Orissa Subordinate Administrative Service, Class II, in the scale of Rs. 230-15-320-EB-20-440-EB-22-500/- (incumbents known as Sub-Deputy Collectors) were merged into one single cadre by the name of Orissa Administrative Service with a Senior and a Junior Branch, in terms of the Government Resolution dated 7-1-1972 (Annexure - 1). Existing Deputy Collectors were absorbed in the Senior Branch while Sub-Deputy Collectors were put in the Junior Branch. Consequent upon integration of both the cadres into a single one, Government in the Revenue Department decided that the Orissa Administrative Service, Class II (Senior Branch) would carry a pay-scale of Rs. 260-20-300-25-400-EB-30-520-EB-35-660-40-780/- with a starting pay of Rs. 300/- per month while the Orissa Administrative Service, Class II (Junior Branch would carry a pay-scale of Rs. 260-15-320-20-420-EB-30-540/-. It was also decided that the pay of the existing incumbents in the revised scale would be fixed in the following manner: (i) Those drawing pay equal to or higher than the minimum of the new scale now sanctioned will draw pay in the scale at the corresponding stage and if there is no corresponding stage, pay will be fixed at the stage next below and it shall be paid as reducible personal pay to be merged in subsequent increment due on usual date. (ii) Pay of officers who will be promoted from Orissa Administrative Service, Class II (Junior Branch) to Orissa Administrative Service, Class II (Senior Branch) will he fixed at a stage in the manner as prescribed under Rule 74(b) of the Orissa Service Code. (iii) If an officer of the Orissa Administrative Service (Junior Branch) had already reached the maximum of the existing scale, he will draw the next increment in the revised scale after completing one year of service from the date of pay fixation as per (i) above. (iv) The existing incumbents will, however, have the option to come over to the revised scale in accordance with Rule 76 of the Orissa Service Code which should be exercised within a period of three months from the date of issue of this order. Vide Annexure-2. (iv) The existing incumbents will, however, have the option to come over to the revised scale in accordance with Rule 76 of the Orissa Service Code which should be exercised within a period of three months from the date of issue of this order. Vide Annexure-2. This order was given effect to from 7-1-1972, that is, the date of formation of the single cadre. 2. The Petitioner had been appointed to the Orissa Subordinate Administrative Service, Class III, on 30-12-1959 and though upon integration he was brought over to the Orissa Administrative Service, Class II (Junior Branch) on a pay-scale higher than what he had then been getting, his pay was fixed on 7-1-1972 at the stage of Rs. 400/- in the scale of pay of Rs. 260- 540/-, although he was already drawing a pay of Rs. 400/- in the scale of pay attached to the erstwhile Orissa Subordinate Administrative Service. 3. The Petitioner's contention is that his pay should have been fixed at Rs. 450/- under Rule 74(b) of the Orissa Service Code. He was getting a pay of Rs. 400/- and after the next increment he would have received Rs. 420/- and such pay, being fixed in the new scale of pay at the next higher stage, he became entitled to receive his pay at Rs. 450/- per month on and from 7-1-1972. On 20-12-1972, he made a representation (Annexure-3) to the State Government stating that Rule 76 of the Orissa Service Code had no application to his case and that his pay should have been fixed under Rule 74(b) of the said Code. With effect from 21-12-1973, the Orissa Administrative Service, Class II (Junior Branch) and the Orissa Administrative Service (Senior Branch) were abolished and one cadre, that is, Orissa Administrative Service, Class II was constituted with the pay scale of Rs. 260-780/- which was subsequently revised to Rs. 525-1150/from 1-1-1974, as per the Resolution of the Government in the Revenue Department in Annexure-6. Though the Petitioner was absorbed in the newly formed Orissa Administrative Service, Class II cadre, his pay in the scale of Rs. 260-780/- was fixed on 21.12.1973 on the basis of his pay fixed by the Government for the Orissa Administrative Service, Class II (Junior Branch) and consequently his pay was also fixed at a lower stage in the revised scale of pay with effect from 1-1-1974. 260-780/- was fixed on 21.12.1973 on the basis of his pay fixed by the Government for the Orissa Administrative Service, Class II (Junior Branch) and consequently his pay was also fixed at a lower stage in the revised scale of pay with effect from 1-1-1974. Government decision rejecting his representation was communicated to him on 7.12.1977 (Annexure-4). On 20-2-1978, he filed this application under Article 226 of the Constitution of India for issue of an appropriate writ quashing the Government Orders in Annexures 2 and 4 and directing the opposite parties to fix his pay at Rs. 450/- in the scale of pay of Rs. 260-780/- from 7-1-1972 and also to fix his pay accordingly in the scale of pay of Rs. 260-780/- from 21-12-1973 and in the scale of pay of Rs. 525-1150/. from 1-1-1974. 4. In the counter-affidavit filed by he opposite parties, it is maintained that the fixation of pay under Rule 74(b) of the Orissa Service Code is regulated only In the case of promotion and the case of the Petitioner being only a change in the classification of service, it did not amount to promotion. It is contended that the Petitioner was brought over to the cadre of Orissa Administrative Service, Class II (Junior Branch) as a result of integration of the cadre and not by way of promotion. 5. In view of the rival contentions of the parties, the question that arises for consideration is whether the absorption of the members of the Orissa Subordinate Administrative Service in the newly constituted Service styled ai Orissa Administrative I Service, Class II (Junior Branch) is a case of promotion or not. If the absorption is held to be a case of promotion, Rule 74(b) of the Orissa Service Code would be attracted for fixation of pay. If, however, it is held that it is not a case of promotion but only a change of the pay of the post, Rule 76 of the Code will be applicable. 6. If the absorption is held to be a case of promotion, Rule 74(b) of the Orissa Service Code would be attracted for fixation of pay. If, however, it is held that it is not a case of promotion but only a change of the pay of the post, Rule 76 of the Code will be applicable. 6. The relevant Rules are quoted below for ready reference: Rule 74(b): When a Government servant, other than a Government servant in Class I of Service, holding a post in a substantive, temporary or officiating capacity for a period of not less than one year is promoted or appointed in a substantive, temporary or officiating capacity to another post carrying duties and responsibilities of great importance than those attaching to the post held by him, his initial pay in the time-scale of the higher post shall be fixed at the stage next above the pay notionally arrived at by increasing his pay in respect of the lower post by one increment the stage at which such pay has accrued: Provided that where a Government servant is immediately before his promotion or appointment to a higher post, drawing pay at the maximum of the time-scale of the lower post, his initial pay in the time-scale of the higher post shall be fixed at the stage, next above the pay notionally arrived at by increasing his pay in respect of the lower post by an amount equivalent to his last increment in the scale of the lower post. Rule 76: The holder of a post the pay of which is changed, shall be treated as if he were transferred to a new post on the new pay: provided that he may at his option retain his old pay until the date on which he has earned his next or any subsequent increment on the old scale, or until he vacates his post or ceases to draw pay on that time-scale. The option once exercised is final. 7. In order to attract the applicability of Rule 76, a Government servant must be continuing to hold the post, the pay of which is changed, by the time when the question of fixation of his pay in the new scale arises. It he has ceased to hold that post, the provisions of Rule 76 would not apply. 7. In order to attract the applicability of Rule 76, a Government servant must be continuing to hold the post, the pay of which is changed, by the time when the question of fixation of his pay in the new scale arises. It he has ceased to hold that post, the provisions of Rule 76 would not apply. If he is continuing to hold that post, he will be treated as if he was transferred to a new post on the new pay-scale. In the present case, the Petitioner was previously holding the post of a Sub-Deputy Collector in the Orissa Subordinate Administrative Service in Class ill and after toe reorganisation he held the post of a Deputy Collector in the Orissa Administrative Service, Class II, carrying a higher scale of pay. The post of Sub-Deputy Collector was abolished after the reorganisation. Introduction of the higher pay-scale in place of the lower pay-scale would have been construed as a mere change of pay had the O.S.A.S. cadre to which it was attached, been allowed to continue. But since the cadre itself was abolished and a separate cadre was brought into being, it would not be correct hold that it is a case of mere change of pay so as to bring it within the ambit of Rule 76. The question of the Petitioner being treated as having he en transferred to a new post does not arise as in fact he held a new post. Therefore, the provisions of Rule 76 do not apply to his case. 8. Rule 74(b) applies to the case of a Government servant who is either promoted or appointed to another post carrying duties and responsibilities of greater importance than those attaching to the post held by him. The expression "promotion" has not been defined in the Orissa Service Code. According to the shorter Oxford English Dictionary, "promote" means to advance (a person) to a position of honour, dignity, or emolument; to raise to a higher grade or office." After reorganisation, the Petitioner was taken from a Class III post to a Class II post. His designation was changed from Sub- Deputy Collector to Deputy Collector. Thus, he was taken from an inferior post to a superior post and thereby he acquired a higher status. His designation was changed from Sub- Deputy Collector to Deputy Collector. Thus, he was taken from an inferior post to a superior post and thereby he acquired a higher status. The post of Sub-Deputy Collector was in a lower scale while the post of Deputy Collector was in a higher scale. The post of a Deputy Collector was a promotional post for a Sub-Deputy Collector. Under the Revenue Laws, a particular power could only be exercised by a Deputy Collector and not by a Sub-Deputy Collector. Thus, the Petitioner after the reorganization held a post carrying duties and responsibilities of greater importance. We would, accordingly, bold that all the incidences which usually go with promotion having been present, the absorption of the Petitioner in the Orissa Administrative Service, Class II (Junior Branch) was a case of promotion and the provisions of Rule 74(b) of the Orissa Service Code are clearly applicable. We hold that the Revenue Department Resolution N.J. 24715 dated 28-4-1972 (Annexure-2) directing of pay at the corresponding stage or at the stage next below, where there is no corresponding stage, is contrary to Rule 74(b) of the Orissa Service Code. 9. The Rules in the Orissa Service Code were framed by the State Government in the Finance Department u/s 242 of the Government of India Act, 1965 and were continued in force under Article 313 of the Constitution, as amended from time to time, under the proviso to Article 309 of the Constitution. According to Rule 6 of the Code, the State Government in the Finance Department have reserved the power of interpreting the Rules. It appears from the Secretariat file which was made available to us by the learned Government Advocate at the time of hearing of this writ application that the Finance Department, on a reference made by the Revenue Department, interpreted Rule 74(b) in favour of the Petitioner. But the Revenue Department differed from the views of the Finance Department and took the decision that Rule 76 and not Rule 74(b) is applicable to the Petitioner's case. In view of our foregoing discussion, we are dearly of the view that Rule 74(b) is applicable to the case. Therefore, the view taken by the Finance Department was in accord with the Statutory Rule and was binding on the other wings of the State Government. 10. In view of our foregoing discussion, we are dearly of the view that Rule 74(b) is applicable to the case. Therefore, the view taken by the Finance Department was in accord with the Statutory Rule and was binding on the other wings of the State Government. 10. In the result, we allow the writ application and direct opposite parties to fix the Petitioner's pay at Rs. 450/- in the scale of Rs. 260-540/- from 1-1-1972 and also to fix the Petitioner's pay accordingly in the scale at Rs. 260-780/- from 21-12-73 and in the scale at Rs. 525-1150/- from 1-1-1974, Parties to bear their own costs. R.N. Misra, J. 11. I agree. Final Result : Allowed