JHARKHAND RAJYA SAHKARITA PRABANDHAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) MR . Pankaj Kumar, appearing for the State of Bihar, submitted that yesterday, a similar case W.P. (S) No. 3634 of 2002 was disposed of and order can be passed in this case also, in those terms.

(2.) HEARD the parties finally.

(3.) THE stand of the respondent State of Jharkhand is that only for strengthening the cadre fund, the managerial subsidy is provided which cannot be claimed as a matter of right by the members of the petitioner. However, after creation of Jharkhand the Co -operative department has already paid managerial subsidy w.e.f. 2001 to 2005. It is not known whether prior to creation of Jharkhand the State of Bihar has paid the amount of subsidy or not. The further stand of the respondents is that the members of petitioner should approach the concerned authority who will pass order as per the judgment dated 4.12.2006 passed by the Patna High Court in the case of Shall Devi v. State of Bihar and Ors. CWJC No. 8652 of 2005 (Annexure -C to the supplementary counter -affidavit filed on behalf of respondent No. 5). The operative portion of the judgment reads as follows: In view of the decision of this Court dated 15.1.2003 passed in Bihar Rajya Sahkarita Prabandhak Sewa Sanghs case, it is evident that in the absence of any fund in order to make payment of salary to the Paid Managers, no positive direction can be given for such payment. Any payment can only be made in accordance with the scheme of payment envisaged which substantially depends upon the performance of the Paid Managers of the PACS themselves depending upon the amount of collection made by them.