There are counter affidavits including counter affidavit on behalf of the respondent nos. 2,3 and 4 sworn by the Principal Secretary, Rural Development Department, Government of Bihar, Patna.

2. I have heard learned counsel for the petitioner and learned counsel for the State and perused the records for final disposal of the writ petition at this stage itself.

3. At the very outset, it may be noted that the facts of this case reveal sorry state of affairs prevailing in the Officers subordinate to the government by ignoring their responsibility to implement government decisions and orders. Senior Officers override governmental decisions with impunity. This is totally unexpectable in the constitutional set up.

4. The petitioner had filed this writ application on 21.07.2008 seeking primarily two reliefs, first, permanent absorption in the permanent government service and, second, extension of age of superannuation to 60 years with all consequential benefits. The facts are not in dispute.

5. The petitioner was appointed on sanctioned vacant post of Junior Statistical Assistant in Small Farmers Development Agency, Bhagalpur, on 12.01.1976 in the pay scale of Rs. 296 – 460/-. This Agency, later on, in the year 1982, became part of District Rural Development Agency, Bhagalpur. On 12.03.1976, the petitioner was re-appointed on sanctioned vacant post on Lower Division Assistant in the said Agency itself. The District Rural Development Agency were set up in all the districts not only in the State of Bihar, but the entire country under the aegis of Government of India as a controlling agency for anti-poverty programme. The entire working of the Agency was funded 75% by the Union of India and 25% by the State Government.

6. It appears that in the year 1999 itself, Government of India took a decision that henceforth no person would be directly employed in the District Rural Development Agency and all persons who had been employed therein prior to 01.04.1999 should be absorbed in one or the other departments of the respective State Governments and then brought on deputation to DRDA.

7. It is pursuant to the aforesaid that the matter was considered by the State Government after series of directions were issued by this court in respect of employees of the DRDA in the State of Bihar. The State Government in the Department of Rural Development took a decision which was then duly notified under orders of the Governor on or before 13.11.2003 (Annexure – 2). The notified decision of the State Government was that the employees of the DRDA would be absorbed permanently in government service following roster in various departments and then they would be brought in deputation to DRDA. Upon such absorbed employees retiring there would be no fresh recruitment in their place. This resolution of the Government was with the approval of the State Government of Personnel and Administrative Reforms as well as Finance Department. Thus, it was a formalized decision of the Government in terms of Article 166 of the Constitution of India.

8. In pursuant to the aforesaid, from the department of Rural Development, Government of Bihar, letter no. 896 dated 09.03.2005 was then issued by the Collector cum District Magistrate and Deputy Development Commissioner of all the Districts. This is Annexure – 3 to the writ petition and is of some importance. This clearly lays down the manner in which all employees of DRDA who were employed prior to 01.04.1999 had to be absorbed in the State Government service pursuant to directives of the Government of India. It was directed that the steps for such absorption be taken on priority basis. It may be noted here that again in the year 2006, the earlier decision of the State Government has notified on 13.11.2003 (Annexure – 2) was taken up by the State Government and there was slight amendment thereto pursuant to various orders passed by this Court, but effectively the earlier decision of the absorption was reiterated, this court