RAMSNEHI THAKUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties. These petitioners are said to be Paid Managers under the District Cadre Cooperative Society in the district of Chaibasa, West Singhbhum. In the present writ petition they are seeking release of funds for payment of salary and other allowances which have not been paid to them since April, 2011. By referring to Annexure-1 series, it has been submitted that the Registrar, Cooperative Societies had released funds for payment of salary for such Paid Managers and Member Secretaries working in the different District Cadre Cooperative Societies in the District of Ranchi, Sahebganj, Dumka and Palamau whereafter they were also paid their salary for the relevant period. They are said to be belonging to West Singhbhum Cooperative Society. It is pointed out that para 6 of the said letter indicated that if the performance of the individual Paid Managers were found to be fetching less than 40% of the outstanding principal demand in the concerned area their services were to be terminated along with simultaneous payment of arrears of salary. It is further submitted that the State-Respondents have taken a U-turn and refused to grant any fund for payment of arrears of salary of these petitioners who are working since long under District Cadre Cooperative Society as Paid Manager. Therefore, they have approached this Court for the instant relief.

(2.) The State-respondents have appeared and filed their counter affidavit. A specific stand has been taken on their behalf that the petitioners are not Government servant. They have failed to clear the examination conducted for regularization/absorption of the service of such Paid Managers in terms of the direction passed by the Hon'ble Supreme Court in the case of State of Bihar vs. Bihar Rajya Sahakarita Prabandhak Seva Sangh, Patna and Others, 1998 3 SCC 218. They have also stated that those who have appeared and passed the examination conducted by the State Government have been regularized in other departments of the State and are being paid salary from the State coffer. It is the specific stand of the respondents that petitioners being the Paid Managers, their salary is to be borne out from the contribution received from LAMPS/PACS and Central Cooperative Bank which is to be earmarked in the ratio of 1.75% and 0.50% of the recovery made respectively from PACS/LAMPS and Central Cooperative Bank. In such circumstances, it is submitted that the liability of the payment of salary of such employees of the District Cadre Cooperative Society does not lie on the State Government as the Society is a Cooperative Society which has to bear its expenditure and establishment expenses from its own resources as conceived under the circular No. 503 dated 31.5.1989. However, stand has been taken that upon direction passed in the case of other similarly placed Paid Managers seeking salary from the State coffer in the respective writ petitions, the final order was also passed on 31.7.2013 by the Principal Secretary of the Government, Department of Cooperative, Annexure-G of their counter affidavit inter alia taking the same stand and rejecting their claim. On the basis of the Government Circular dated 31.5.1989 it is submitted that these petitioners are not entitled for any relief as they have failed to make out any legal right for such payments.

(3.) Learned counsel for the petitioner in his oral rejoinder submitted that there is no reason for the respondents to discontinue the practice of release of grant in favour of the Cooperative Society for payment of salary of such persons which has greatly prejudiced their case. No averment has been made by the respondents that performance of these persons are below the yardstick in the manner of recovery of outstanding demand of the Society in question. Therefore, the respondents be directed to grant the arrears of salary of these petitioners.