JUDGMENT : (Bibek Chaudhuri, J.) The issue involved in the instant writ petition relates to fixation of pay-scale of the petitioners on the basis of 7th Pay Commission. The dispute between the petitioners and the State respondents is as to whether the pay fixation under 7th Pay Commission would be notionally fixed w.e.f. 01.01.2016 and be paid w.e.f. 01.04.2017 or the petitioners have any opportunity to submit their option for fixation of pay-scale under 7th Pay Commission, on the basis of their scale of pay on promotion which they received on 21.02.2017. 2. In the instant writ petition the petitioners challenged the order passed by the District Education Officer, Gaya on 25th/ 26th November, 2020. 2. In the instant writ petition the petitioners challenged the order passed by the District Education Officer, Gaya on 25th/ 26th November, 2020. The relevant portion of impugned order runs thus:- ^^lUnfHkZr osru fu/kkZj.k dh leh{kk ls Li"V gqvk fd Jh vuqi dqekj] Jh iadt dqekj ,oa Jh vkuUn euksgj ds }kjk iwoZ in ;Fkk eSfVªd izf'kf{kr@Lukrd izf'kf{kr in fjDr djus vkSj Lukrd izf'kf{kr@iz/kkuk/;kid ds izksUur in ij ;ksxnku ds QyLo:i foRr foHkkx] fcgkj ds ladYi la[;k 630 fnukad 21-01-2020 }kjk izHkkoh "k"Ve~ osrueku vFkkZr~ viqujhf{kr osru lajpuk esa vxyh osru o`f) dh frfFk 01-07-2017 ls izksUur osreueku esa osru fu/kkZj.k dk fodYi p;u dj blesa osru fu/kkZj.k djk;k x;k vkSj blds ckn fnukad 01-01-2016 ls izHkkoh iqujhf{kr osru lajpuk esa fnukad 01-07-2017 ls osru fu/kkZj.k djk;k x;kA bl izdkj mDr rhuksa ds }kjk ;ksxnku dh frfFk ls izksUur in dk osru fu/kkZj.k djk, tkus ds ckn fnukad 01-01-2016 vFkok vxyh osru o`f) dh frfFk 01-07-2016 vFkok izksUufr dh frfFk ds LFkku ij lIre~ osru iqujh{k.k esa fnukad 01-07-2017 ls osru fu/kkZj.k dk fodYi p;u fu;e ds iw.kZr% izfrdwy gSA Jh eukst dqekj ds }kjk iwoZ in ;Fkk eSfVªd izf'kf{kr in fjDr djus vkSj Lukrd izf'kf{kr ds izksUur in ij fnukad 22-02-2017 dks ;ksxnku ds QyLo:i fnukad 01-01-2016 ds ckn viqujhf{kr osru lajpuk esa 01-07-2016 ,oa iqu% fnukad 01-07-2017 dks okf"kZd osru o`f) izkIr djrs gq, bl frfFk ls izksUur in ,oa iqujhf{kr osru lajpuk esa osru fu/kkZj.k dk fodYi p;u dj ,d lkFk fnukad 23-10-2017 dks osru fu/kkZj.k djk;k x;kA buds }kjk fu;ekuqlkj fnukad 01-01- 2016 ds ckn vxyh osru o`f) 01-07-2016 vFkok izksUufr dh frfFk ;Fkk iwoZ in fjDr djus ¼viqujhf{kr osru lajpuk esa nwljh okf"kZd osru o`f) dh frfFk 01-07-2017 ds iwoZ½ ds vk/kkj ij osru fu/kkZj.k ugha djk, tkus ,oa nks fodYiksa dk ,d lkFk p;u fd, tkus ds vkyksd esa budk osru fu/kkZj.k foRr foHkkxh; izko/kku ds iw.kZr% izfrdwy LFkkfir gksrk gSA^^ 3. It is contended by the learned Advocate on behalf of the petitioners that the impugned order itself is bad in law and violative of the Notification permitting 7th Pay Commission by the Government of Bihar to its employees. In order to substantiate his contention he refers to the Extraordinary Bihar Gazette Notification, published on 24th May, 2017, on the subject of revision of pay structure of the State Government employees w.e.f. 01.01.2016. In order to substantiate his contention he refers to the Extraordinary Bihar Gazette Notification, published on 24th May, 2017, on the subject of revision of pay structure of the State Government employees w.e.f. 01.01.2016. The said Gazette Notification is annexed by the respondents in the supplementary counter affidavit filed by them on 7th October, 2024. 4. Learned Advocate on behalf of the petitioners first refers to Clause-2 of the said Notification, wherein it is stipulated:- “The revised pay structure shall come into effect notionally from 1st January, 2016. However, the actual payments in the revised pay structure would arise with effect from 1st April, 2017. The revised pay structure will apply to all State Government employees who were in service on 1st January, 2016 and to all new appointments made on or after the said date.” 5. The learned Advocate on behalf of the petitioners refers to Clause-5 of the said Gazette Notification which deals with drawal of pay in the revised pay structure. Clause 5 says:- “5. Drawal of Pay in the Revised Pay Structure.-Save as otherwise provided in these rules, a Government servant shall draw pay in the Level in the revised pay structure applicable to the post to which he is appointed, Provided that a Government servant may elect to continue to draw pay in the existing pay structure until the date on which he earns his next or subsequent increment in the existing pay structure or until he vacates his post or ceases to draw pay in the existing pay structure. Provided further that in cases where a Government servant has been placed in a higher grade pay or scale between 1 day of January, 2016 and the date of notification of these rules on account of promotion or upgradation, the Government servant may elect to switch over to the revised pay structure from the date of such promotion or upgradation, as the case may be. The above option will have to be exercised by 31 July, 2017.” 6. Clause-9 of the Gazette Notification dated 24th May, 2017 states as follows:- “9. The above option will have to be exercised by 31 July, 2017.” 6. Clause-9 of the Gazette Notification dated 24th May, 2017 states as follows:- “9. Date of next increment in revised pay structure- (1) There shall be two dates for grant of increment namely, 1st January and Ist July of every year, instead of existing date of Ist July: Provided that an employee shall be entitled to only one annual increment either on 1st January or 1st July depending on the date of his appointment, promotion or grant of financial upgradation. (2) The increment in respect of an employee appointed or promoted or granted financial upgradation including upgradation under Modified Assured Career Progression Scheme (MACPS) during the period between the 2nd day of January and 1st day of July (both inclusive) shall be granted on 1st day of January and the increment in respect of an employee appointed or promoted or granted financial upgradation including upgradation under MACPS during the period between the 2nd day of July and 1st day of January (both inclusive) shall be granted on 1st day of July. Illustration- (a) In case of an employee appointed or promoted in the morn hierarchy or under MACPS during the period between the 2nd day of July, 2016 and the 1st day of January, 2017, the first increment shall accrue on the 1st day of July, 2017 and thereafter it shall accrue after one year on annual basis. (b) In case of an employee appointed or promoted in the normal hierarchy or under MACPS during the period between 2nd day of January, 2016 and 1st day of July, 2016, who did not draw any increment on 1st day of July, 2016, the next increment shall accrue on 1st day of January, 2017 and thereafter it shall accrue after one year on annual basis: Provided that in the case of employees whose pay in the revised pay structure has been fixed as on. Ist day of January, the next increment in the Level in which the pay was so fixed as on 1st day of January, 2016 shall accrue on 1st day of July, 2016: Provided further that the next increment after drawal of increment on1st day of July, 2016 shall accrue on 1st day of July, 2017. Ist day of January, the next increment in the Level in which the pay was so fixed as on 1st day of January, 2016 shall accrue on 1st day of July, 2016: Provided further that the next increment after drawal of increment on1st day of July, 2016 shall accrue on 1st day of July, 2017. (3) Where two existing Grades in hierarchy are merged and the junior Government servant in the lower Grade happens to draw more pay in the corresponding Level in the revised pay structure than the pay of the senior Government servant, the pay of the senior government servant shall be stepped up to that of his junior from the same date and he shall draw next increment in accordance with this Rule.” 7. It is contended on behalf of the petitioners that the petitioners did not give any option for revision of pay under 7th Pay Commission w.e.f. 1st January, 2016. In the meantime, the petitioners were promoted on 21st February, 2017. Since the actual benefit of revision of pay was granted w.e.f. 1st April, 2017, they opted for revision of pay in their promoted/higher grade of pay w.e.f. July, 2017, as they were promoted on 21st February, 2017. The respondents have denied their plea in violation of Clause-5 of the Gazette Notification. 8. Learned Advocate on behalf of the respondents, on the other hand, refers to a letter dated 3rd November, 2020, written by the District Accounts Officer, Gaya to the District Programme Officer (Establishment), Gaya stating that the claim of the petitioners could not be entertained, because the revision of pay of the petitioners ought to be determined and fixed notionally w.e.f. 1st January, 2016. Their pay cannot be revised on the basis of scale of pay which they received on 01.07.2016 or 01.07.2017. In support of his contention he refers to a Finance Department Notification No. 3590, dated 24.05.2017. 9. The question that arises for adjudication at this stage is as to whether Extraordinary Gazette Notification, specially Clause-5 of the said Gazette Notification, is applicable in the instant case or the Finance Department Notification dated 24.05.2017 will get precedence over the Gazette Notification. 10. It is needless to says that a Gazette Notification being a delegated Legislation has force of statute. 10. It is needless to says that a Gazette Notification being a delegated Legislation has force of statute. When an incumbent was permitted to opt for revision of pay at higher grade of pay on promotion, within a certain period of time and that promotion occurs in respect of the petitioners, there is no reason to deny the petitioners option on the ground of a subsequent Finance Department Notification. 11. In view of the above discussion, the instant writ petition is allowed on context. 12. However, there shall be no order as to costs. 13. The impugned order dated 25th November, 2020 is set aside and quashed. 14. The petitioners are entitled to submit their option on the basis of Clause-5 of the Extraordinary Gazette Notification dated 24.05.2017, and in such case, the respondents shall decide their higher scale of pay, within two months from the date of this order.