K. Vinod Chandran, CJ.—The writ petitioners were employees of Gandak Area Development Agency (for short 'GADA'). They were granted pay scale benefits under 5th pay revision with effect from 01.01.2009 and 6th pay revision with effect from 01.04.2012. Claiming the said benefits and consequences thereof with effect from January 2002 and April 2007 respectively, they filed the writ petition. The same has been allowed, hence the State of Bihar has preferred the instant Letters Patent Appeal against the order of the writ Court dated 13.04.2022.

2. Learned senior counsel appearing on behalf of the appellants submits that the order under appeal is unsustainable for the fact that directions have been issued to grant the 5th and 6th pay benefits to the petitioner with effect from 01.01.2002 to 31.12.2008 and 01.04.2007 to 31.03.2012, even though there is no decision of the Board extending benefits of 5th and 6th pay from the dates with effect from which it has been granted.

3. The Court’s attention has been drawn to the Bihar Agricultural and Rural Area Development Agency Act, 1978 (hereinafter referred to as ‘1978 Act’). The same specifies the regulation making power of the Board. Section 39(2)(c) specifies the power of the Board to make regulations providing for appointments, promotions and conditions of services of officers and servants of the agency, but “with the previous approval of the State Government”. According to him, there is no decision preceded by approval of the State Government for granting benefits of 5th and 6th pay scale with effect from the dates, as claimed by the petitioner. Findings of the Hon’ble Single Judge, therefore, that the 5th and 6th pay scale were due to the petitioner from the dates claimed by them under any policy evolved by the State Government or any statutory decision, are without any basis.

4. Learned senior counsel representing the private respondents, however, submits that the disciplinary control and appeal rules of the State Government have been made applicable to the petitioners. They have since inception of the GADA been treated at par with government servants. It is also submitted that the Board of GADA has also taken resolution/s that till such time service conditions approved by the Board are put in place, the employees of GADA (petitioners) will be governed by the government rules and extended service condition benefits applicable to the government servants. He, therefore, submits that the order of Hon’ble Single Judge extending 5th and 6th pay benefits with effect from the dates applicable to the government servants is just and due to the writ petitioners/respondents.

5. On consideration of rival submissions, this Court would find that the applicability of the 1978 Act to the GADA and its employees is not in dispute. Sections 39 of the 1978 Act reads as follows:—

"39. Power to make Regulations.—(1) The Board may, with the previous approval of the State Government make Regulations not inconsistent with the provisions of this act of the rules made there under, for carrying out its functions under this ordinance.

(2) In particular, and without prejudice to the generality of the foregoing power, such Regulations may provide for all or any of the following matters, namely:—

(a) procedure for conduct of business at the meetings of the Board and the Executive committee;

(b) Functions, powers and duties of officers and servants of the Agency;

(c) appointments, promotions and conditions of services of officers and servants of the Agency;

(d) manner in which charges, rates, dues etc shall be fixed and recovered;

(e) punishments for breach of any regulations;

(f) manner of preparation and publication of plans programmes, etc.

(3) such regulations shall be published in the official Gazette and the regulations shall have effect from the date of such publication;

(4) The provisions of sub-section (3) of Section 38 shall apply to all such regulations made by the Board."

6. The Act, therefore, is unambiguous in its i