Order This writ application has been filed to treat the petitioner as a Government employee and to extend all the benefits as also to make payment of emoluments, as available to government employees. 2. It appears petitioner was initially serving as Mounted Police at Arrah. Later on the basis of a recommendation of the Bihar Sub-ordinate Service Selection Board, he was appointed against the post of Extension Officer under the Rural Engineering Department (Industries and Commerce). 3. There is no dispute that petitioner joined the said post on 16.12.1992 and started receiving salary. But subsequently as would appear from Annexure-3 dated 21.4.1994, the District Magistrate in compliance of the order of Rural Development Department vide letter no. 8396 dated 6.10.1993, as also in partial modification of the other letter of that department, bearing no. 252 dated 9.2.1993, treated petitioner's appointment under District Rural Development Agency with effect from 16.12.1992 itself. Undisputedly prior to aforesaid letter, petitioner was being treated as Government employee. There is no dispute that after 16.12.1992, till this day petitioner has been getting salary from the district Rural Development Agency and for all practical purposes he is being treated as an employee of that department. 4. The grievance of the petitioner is that as would appear from Annexure-2 that he was appointed in the Rural Development Department, therefore, it was not open to the respondent-authority to transfer his service to the District Rural Development Agency without his consent. He contended therefore, that the authorities be directed to treat the petitioner as a Government employee and extend all the benefits, which is available to a government employee. 5. Learned counsel for the State on the other hand, submitted that the petitioner's joining itself was accepted with effect from 16.12.1992 against a post under the District Rural Development Agency at Darbhanga. Thereafter, by Annexure-3 dated 21.4.1994, it was directed that from the date of joining in that department, petitioner shall be deemed to be in service of the Agency and such a decision was not challenged earlier. Therefore, petitioner should not be allowed to raise such question at this stage. 6. In my view, since the petitioner was regularly appointed on the recommendation of the Bihar Sub-ordinate Service Selection Board against the post of Extension Officer in the Rural Development Department (Industries and Commerce), his service should not have been transferred without his consent.
Therefore, petitioner should not be allowed to raise such question at this stage. 6. In my view, since the petitioner was regularly appointed on the recommendation of the Bihar Sub-ordinate Service Selection Board against the post of Extension Officer in the Rural Development Department (Industries and Commerce), his service should not have been transferred without his consent. But unfortunately no satisfactory materials have been placed before me under what circumstances such a decision was taken. It is also not clear how the petitioner joined such a post without raising any grievance, when his service was transferred without following the required formalities. It goes without saying if petitioner's service was transferred to a different department without his consent and observing the required formalities, the respondents will have no option but to treat him as a government employee. 7. Therefore, I direct the Com missioner-cum-Secretary, Rural Development Department (respondent no. 2) to consider the grievance of the petitioner in the light of the observations, made above and pass appropriate order in accordance with law. 8. With the aforesaid, this writ application is, thus, disposed of.