Judgment 1. As in both these writ petitions, grievance of the petitioners are identical, they have been heard for final disposal as agreed. 2. Petitioners in both the writ petitions are Paid Manager working in different Primary Agricultural Credit Societies in the State of Bihar. They are aggrieved by the order of the State Government dated 12.10.2000, contained in Annexure-1, whereby and whereunder the amount of dearness allowance has been reduced purporting to be in compliance of the order of this Court passed in C.W.J.C. No. 7083 of 1996 dated 12.7.1999 wherein this Court directed that pay of the petitioners should include dearness allowance which is given to the State Government employees in respect to the pay scale of Rs. 975-1540/-. However, due to pleading of financial crisis the Court directed that such dearness allowance will be payable with effect from 1st January, 1999 and onwards and the arrears should be paid within a period of four months from the date of judgment and from the current month their pay must include dearness allowance from the date mentioned above, and on that basis they should be paid their salary from month to month basis. 3. It appears that earlier the Finance Department of the State of Bihar vide its resolution dated 11th July, 2000, contained in Annexure-2, had decided to pay dearness allowance @ 38% with effect from 1.1.2000 to the employees in whose cases the pay was revised and in the case of those where the pay was not revised prescribed a different mode of calculation for payment of dearness allowance vide clause 4(Ka) & (Kha) of the said resolution respectively. As the pay of the petitioners have not been revised they were paid dearness allowance in Begusarai district as per sub-clause (Kha) of Clause 4 of the said Government resolution. However, in the case of those posted at Patna district neither of the said two sub-clauses has been enforced, and in the meanwhile, the impugned order of the State Government dated 12.10.2000, contained in Annexure-1 has been issued, by which payment of dearness allowance at the rate prescribed for the Government servant with effect from 1.1.1999, i.e. @ 38% has been directed to be made to them. 4. Learned counsel for Respondent no. 4. Learned counsel for Respondent no. 8 has submitted that the Society has to act as per the order passed by the State Government and they have no say in the matter. Accordingly, the Respondent- Society have paid or are ready to pay dearness allowance as per the order of the State Government as contained in Annexure-1. 5. Learned counsel for the State has submitted that, in fact, the order, contained in Annexure-1 has been issued in the light of the direction of this Court, passed in C.W.J.C. No. 7083 of 1996, which is also reported in 1999 (3) PLJR 110 (Bihar Rajya Sahkarita Prabandhak Sangh V/s. State of Bihar & ors.). It is submitted by the learned State Counsel that no doubt the petitioners pay has not been revised but as this Court in the case of Bihar Rajya Sahkarita Prabandhak Sangh vs. State of Bihar directed that the pay of the petitioners should include dearness allowance, which is given to the State Government employees in respect of the pay scale of Rs. 975-1540/- and that payment should be made with effect from 1st January, 1999, the Government has issued order for payment of dearness allowance at par with the State Government employees. 6. Learned counsel for the petitioners, on the other hand, has submitted that though the impugned order is purported to have been issued in the light of the order of this Court in the case of Bihar Rajya Sahkarita Prabandhak Sangh vs. State of Bihar & ors., but, in fact, it is not so, as the payment of dearness allowance @ 38% has been fixed at par with the State Government employees, whose pay was revised, whereas the pay of the petitioners has not been revised and their cases are to be governed by sub-clause (Kha) of clause 4 fo the Government Resolution dated 11th July, 2000 effective from 1st January 2000, contained in Annexure-2. 7. This Court finds substance in the submission of the learned counsel for the petitioners. The High Court while disposing of the writ petition filed on behalf of Bihar Rajya Sahkarita Prabandhak Sangh on 12th July, 1999 directed that the pay of the petitioners should include dearness allowance which is given to the State Government employees in respect of the pay scale of Rs. The High Court while disposing of the writ petition filed on behalf of Bihar Rajya Sahkarita Prabandhak Sangh on 12th July, 1999 directed that the pay of the petitioners should include dearness allowance which is given to the State Government employees in respect of the pay scale of Rs. 975-1540/- and the same shall be effective from 1st January, 1999, which obviously was before the revision of pay of the State Government employees. Thus, the State Government cannot be held to be justified in issuing direction for payment of dearness allowance as was applicable to the Government employees on the date of issue of the said order dated 12.10.2000, moreso because the pay of the petitioners has undisputedly not been revised, in my opinion their case shall be governed by the order of this Court in the case of Bihar Rajya Sahkarita Prabandhak Sangh vs. State of Bihar & ors. (supra) and they are entitled for inclusion of dearness allowance with their pay which was admissible to the State Government employees on that day in respect of the pay scale of Rs. 975-1540/- so long their pay is also not revised. 8. Accordingly, both the writ petitions are allowed. The impugned order, contained in Annexure-1 to both the writ petitions are quashed and the Respondents are directed that the pay of the petitioners should include dearness allowance which was being given to the State Government employees in respect of the pay scale of Rs. 975-1540/- applicable on the date of the order of this Court i.e. on 12.7.1999 till their pay is also revised. In the facts and circumstances, there shall be no order as to costs.