Judgment 1. In these two writ applications as common question of law and facts are involved, they were heard one after the other and are being disposed of by this judgment. 2. Both the petitioners were appointed in the Industry Department, some time in the year 1959 and they were designated as Industrial Extension Supervisor. There was another designation in the Industry Department, known as Inspectors of Industries, The Slate Government resolved to constitute 3rd Revision Committee (the Committee). Inter alia one of the terms of reference was to rationalise its cadres in different departments including the Industry Department. The Committee submitted its report and the State Government resolved to accept the same by resolution dated 30th November, 1972. It decided that the pay scales of various gazetted and non-gazetted posts in the State Government would be revised as shown in Schedule I of the resolution. The revised pay scales would apply to all the employees of the State Government who were in service on 1st of January, 1971. Inter alia, it further decided to create twenty per cent of the total sanctioned posts of Industrial Extension Supervisors and Inspectors of Industries, which were merged and known as Industrial Extension Officers. The administrative departments concerned were directed to take action in consultation of the Finance Department for increasing/abolishing the number of existing selection grade posts or creation of new selection grade posts with effect from 1.1.1971 on the basis of the Schedule 2 of the resolution. The relevant extract of resolution is annexure-1 to both the applications. By annexure 6 the State Government decided to create super selection grade posts also. According to Schedule 2 of annexure 1 twenty per cent of the total sanctioned posts of Industrial Extension Supervisor and Inspectors of Industries, which was known after the acceptance of the recommendation as Industrial Extension Officers, were to be such posts. According to the petitioners twenty per cent of the total sanctioned posts of Industrial Extension Officers were to be calculated on the total strength of the Industrial Extension Officers. According to the petitioners twenty per cent of the total sanctioned posts of Industrial Extension Officers were to be calculated on the total strength of the Industrial Extension Officers. According to the respondents for the purpose of creation of twenty per cent super selection grade posts, the total strength of the cadre shall be calculated after taking away twenty per cent selection grade posts which was required to be created by Schedule 2 of annexure I. According to the petitioners the revised pay, as appears in annexure 6, in the scale of Rs. 415-745 for Industrial Extension Officers and Rs. 540-1155 for the super selection grade posts were required to be given effect from 1.1.1971, whereas according to the respondents it was decided that the effect would be given with effect from 1.12.1979. The dispute, therefore, between the parties in this writ applications are: (a) Whether the State Government decided to create twenty percent super selection grade posts taking into consideration the total strength of the cadre i.e. 270 or after excluding twenty per cent of the selection grade posts i.e. 54 in number from out of the total strength of 270? (b) Whether the revised pay scale for those two grades were payable from 1.1.1971 or 1.12.1979? 3. With regard to the first dispute as noticed above, the State Government after the receipt of the recommendations of the Committee, as contained in annexure 1, by Schedule 2 to annexure 1 (which is contained in annexure 2 to this application) the Government resolved to create twenty per cent of the total sanctioned posts of Industrial Extension Officers as selection grade posts. From paragraph-8 of annexure 1 it appears that although the number of selection grade posts were provided in different cadres in the State service, but in view of the recommendation of the Committee the State Government further decided that the respective administrative departments in consultations of the Finance Department would decide whether such posts should be increased or abolished. In pursuance of the resolution of the State Government, the Industry Department took up the matter and a decision was taken in that regard which is contained in annexure 6. With regard to this fact there is no dispute between the parties. In pursuance of the resolution of the State Government, the Industry Department took up the matter and a decision was taken in that regard which is contained in annexure 6. With regard to this fact there is no dispute between the parties. From annexure 6 it appears, inter alia, that the State Government resolved to create twenty per cent of total sanctioned posts of Industrial Extension Officers as super selection grade posts. According to the petitioners, in view of this decision of the State Government, respondent No. 3 could not have issued annexure 7 by which he informed the Accountant General, Bihar, Patna, that for the purpose of creating twenty per cent super selection grade posts total strength of the cadre had been taken into consideration after excluding the selection grade posts, for which in the latter total sanctioned posts of Industrial Extension Officers was taken into consideration. In other words, according to annexure 7 out of the total sanctioned posts of 270,54 posts would be of selection grade posts and 43 posts would be of super selection grade posts. According to the petitioners not only 54 posts would be selection grade posts, but 54 posts also be of super selection grade posts, by taking into consideration for both the purposes the total sanctioned strength of that cadre According to the writ petition since the decision as contained in annexure 6 with regard to the creation of posts in the selection grade and super selection grade was a decision of the State Government, the respondent No. 3 by annexure 7 could not have modified that order so far super selection grade posts were concerned. It has not been disputed that annexure 6 was the State Government. According to the petitioners annexure 7 was not the decision of the State Government but was decision of the Industry Department. This fact, asserted by the petitioner, have not been denied on behalf of the respondents by filing any counter affidavit. Further, it appears that the contention of the petitioners in this regard is founded by fact that annexure 6 was directed to be published in the Bihar Gazette, whereas there is no such direction so far annexure 7 is concerned, annexure 7, therefore was a departmental decision which could not have overriden the decision of the State Government as contained in annexure 6. I, therefore, hold that the decision as contained in annexure 6 with regard to creation of selection and super selection grade posts could not have been modified by the departmental decision as contained in annexure-7. 4. With regard to the second dispute, according to the petitioners, the revised pay scales as stated in the right hand column of annexure 6 was payable from 1.1.1971 and not 1.12.1979. Learned Government Pleader No. 1 submitted that the persons in that order in question had been given the benefit of revised pay scales as would appear from the left hand column of annexure 6 and as that was further revised, the same was made payable from 1.12.1979. According to the petitioners persons in other cadres were given the benefit of the second revised pay scale. It is admitted case that the recommendation of the Committee was accepted with effect from 1.1.1971 From paragraph-11 of annexure 1 it appears that the State Government, till the concerned anomalies which were found to be existing in different departments were removed, decided that the existing holders of the different posts would continue to draw the pay, allowance and interim reliefs at the present rates until such time final decision was taken. What was the present rate as stated in paragraph-11 of annexure 1 was made clear by schedule 2 of the annexure 1 where the scale of pay for Industrial Extension Officers was fixed at Rs. 340-490/-. This scale of pay of Industrial Extension Officers also appears in the left hand column of annexure 6. If the decision of the State Government was not final as appears from paragraph-11 of annexure 1 read with Schedule 2 to that annexure, it must be held that the persons in that cadre were entitled to the revised pay scales as stated in right hand column of annexure 6 and in paragraph-2 of the same. But if the final decision was taken with regard to the pay-scale of the persons of that cadre before issuance of annexure 6, they shall not be entitled to the increased rate in the scale as noticed above. 5. As already held, it is admitted case of the parties that the State Government accepted the recommendations of the Committee with effect from 1.1.1971. 5. As already held, it is admitted case of the parties that the State Government accepted the recommendations of the Committee with effect from 1.1.1971. It is also admitted case that the respective department including the Industry Department were required to take further decision with regard to specific case, for instance to increase or abolish the selection grade posts, which, it cannot be disputed, would have taken some time to be finalised. From paragraph-11 of annexure Lit appears that the Government decided that till suitable time-scale of pay was finalised by the respective department, the employees would continue to draw pay allowances and interim relief at the present rate, which appears from schedule 2 of annexure-1. In fact, the persons in the Industrial Extension Officers cadre were drawing pay in that scale as appears from annexure-9. It is not the case of the respondents that although the State Government had accepted the report of the Committee in respect of all the State Government employees, with regard to the Industrial Extension Officers cadre in the Industry Department, it decided that the pay scale fixed on the basis of the recommendation of that Committee should be again revised. Therefore, there was no occasion for the Industry Department to further revise the revised pay scale of the cadres of Industrial Extension Officers if the revision of their pay scales, after the acceptance of the report had been finally taken. We are, therefore, of the opinion that the final decision was taken with regard to the pay-scale on the basis of the recommendation of the respective administration departments. Since the revised scale of pay was given by the State Government to all its employees with effect from 1.1.1971, by annexure-6 it could not have been decided that the same would be paid to the persons in the cadre of the Industrial Extension Officers with effect from 1.12.1979, That being the position it must be held that the persons in the cadre of the industrial Extension Officers were entitled to the revised pay scale with effect from 1.1.1971 and not with effect from 1.12.1979, as stated in annexures 6 and 7 of the writ application. 6. 6. In the result, these applications are allowed and it is held that, that part of annexure 6 by which it was notified that the persons in the Industrial Extension Offices cadre will get the revised scale of paywith effect from 1.12.1979, and annexures 7 and6 are quashed. There will be no order as to costs.