IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1422 of 2010 1. BISHWANATH PRASAD S/O BAIDYANATH PRASAD R/O VILL &P.O. LALGANJ, SEHRA, P.S.PALIGANJ, DISTT-PATNA Versus 1. THE STATE OF BIHAR 2. THE CHIEF SECRETARY GOVT. OF BIHAR, PATNA 3. THE PRINCIPAL SECRETARY , FINANCE DEPARTMENT GOVT. OF BIHAR,PATNA 4. THE AGRICULTURAL PRODUCTION COMMISSIONER,AGRICULTURE DEPARTMENT GOVT. OF BIHAR,NEW SECRETARIAT, PATNA 5. THE PRINCIPAL SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINSTRATIVE REFORMS GOVT. OF BIHAR,OLD SECRETARIAT, PATNA 6. THE SPECIAL SECRETARY,AGRICULTURE DEPARTMENT GOVT. OF BIHAR,PATNA 7. THE ADMINISTRATER, BIHAR STATE ARICULTUREL MARKETING BOARD(ABOLISHED) PANT BHAWAN,BAILEY ROAD, PATNA ----------- 2/ 29/07/2010 Heard learned counsel for the petitioner and learned counsel for the Administrator appointed under the Bihar State Agricultural Produce Markets (Repealing Act), 2006. The petitioner was an employee of the erstwhile Bihar State Agricultural Marketing Board. Consequent to the abolition of the Board he was to be adjusted in the Building Construction Department on the post of “Electric Mistry”, a class-4 post. It is not necessary to take note of the controversy that arose with regard to non-availability of sufficient number of posts for absorption etc. as a counter affidavit has been filed on behalf of the Administrator that the petitioner has been - 2 - adjusted in service under the Administrator itself and has been paid his salary up-to-date as stated in paragraph-9 of the counter affidavit. The apprehension of the petitioner that failing proper and formal orders of absorption his claim for pension etc. as a Government servant may be affected is misconceived. Once there has been a policy decision to absorb, any deficiency on the part of the respondents in compliance of formalities for giving effect to the policy decision cannot visit the petitioner with any adverse consequence. Needless to state that such observation shall always remain confined to any policy decision of the State on aspects of pension. The writ application stands disposed. KC ( Navin Sinha, J.)