SWAMI NATH SAHU Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN all these writ applications, a basic relief has been sought by the petitioners, who are Paid Managers attached with various Primary Agricultural Credit Societies for payment of their salaries for varying periods. The problem in payment of salary has basically arisen after the year 1993. The Court has been assisted by various Learned Counsel for petitioners on their claims for payment of salary on a regular basis, which they assert is their right.

(2.) TO give impetus to the co -operative movement in the State of Bihar various kinds of models were adopted and societies created to help people cooperate with each other and attain and sustain a level of economic well being. In this regard even at the grass root level Primary Agriculture Credit Society (PACS) as well as Large Size Multi -Purpose Co -operative Society (LMPCS) came to be established across the State. They were to be registered as District Cadre Society having their own entity as a registered society under Co -operative Societies Act. Since the concept of such societies and their working was not yet fully understood by the people or members at the helms of affairs, the State of Bihar floated a concept of getting Paid Managers appointed and attached with PACS or LMPCS. These Paid Managers were supposed to be trained not only in running the day to day affairs of the society in question but also impart education and knowledge to the members, to help them fulfill the object of the society. They were employees of the Societies concerned with no obligation on the State as an employer. The model bye -laws of the District Cadre Co -operative Society were also formulated to help and regulate such societies.

(3.) STATE of Bihar while exercising power under Section 668 of the Bihar Co -operative Societies Act used to issue directions to the Co -operative Societies. Some of the directions were also related to corpus creation and payment to the Paid Managers. Circulars in this regard came to be issued on 31.5.1989, 28.12.1993, 12.9.2003 and 14.2.2005. The circulars are on record of these writ petitions. Special note however must be taken of circular dated 28.12.1993. By virtue of this circular some categorical guidelines were laid down with regard to creation of District Cadre Fund. How the contributions were to be made to the said cadre fund and then drawal to be done from the so -called Account No. 1 for payment of salary to the Paid Managers. It is also noticed that payments to the Paid Managers were not only based on the corpus from Account No. 1 but also linked with the performance of such paid Managers such as disbursement of loans and their collections. They had an important bearing on keeping the corpus of the District Cadre Fund afloat and salary flowing.