Jharkhand High Court
The Jharkhand State Co-Operative Bank ... vs Umapati Pandit on 10 September, 2025
Author: Rongon Mukhopadhyay
Bench: Rongon Mukhopadhyay
Neutral Citation
2025:JHHC:28141-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 569 of 2023
The Jharkhand State Co-operative Bank Limited through
its Chief Executive Officer, namely, Manoj Kumar, having
its office at Saheed Chowk, P.O.- GPO, P.S.- Kotwali,
Ranchi. ... Respondent/Appellant
Versus
1. Umapati Pandit, S/o Late Gujar Pandit, R/o Village-
Baswaria, P.O.- Simra, P.S.- Jasidih, Dist.- Deoghar,
Jharkhand.
2. Bindeshwari Prasad Das, S/o Late Mahadeo Das, R/o-
Golden Nursery, Jasidih, P.O. & P.S.- Jasidih, Dist.-
Deoghar. ... Writ Petitioners/Respondent
3. The State of Jharkhand through Secretary, Co-operative
Department, Jharkhand, Project Building, Dhurwa,
Ranchi. P.O. & P.S.- Dhurwa, Dist.- Ranchi.
4. The Registrar, Cooperative Societies, having its office at
Engineers Building, Hostel No. 3, Dhurwa, P.O. & P.S.-
Dhurwa, Dist.- Ranchi.
5. The District Co-operative Officer, Co-operative Societies
having its office at Deoghar, P.O & P.S.- Deoghar, Dist.-
Deoghar.
6. The Deputy Commissioner-cum-Administrator,
Deoghar- Jamtara Central Co-operative Bank Limited,
Deoghar.
7. The Managing Director-cum-Chairman, District Cadre
Cooperative Societies Limited having its office at Dumka
Central Co-operative Bank Limited, near Civil Court,
Dumka, P.O. & P.S.- Dumka, Dist.- Dumka.
L.P.A. NO. 569 OF 2023 WITH L.P.A. NO. 570 OF 2023 1
Neutral Citation
2025:JHHC:28141-DB
8. Assistant Registrar, Cooperative Societies, office at-
Deoghar, Circle Office, At P.O. & P.S.- Deoghar, Dist.-
Deoghar.
9. The State of Bihar.
... Respondents/Proforma Respondents
With
L.P.A. No. 570 of 2023
The Jharkhand State Co-operative Bank Limited through
its Chief Executive Officer, namely, Manoj Kumar, having
its office at Saheed Chowk, P.O.- GPO, P.S.- Kotwali,
Ranchi. Having its old office at Bazar Samittee Building, Itki
Road, P.O.- Hehal, P.S.- Sukhdeonagar, Dist.- Ranchi.
... Respondent/Appellant
Versus
1. Banarash Prasad Rai, S/o Late Prayag Prasad, R/o
Manjhiladih, P.O.- Ghorangi, P.S.- Giridih, Dist.- Giridih.
2. Chandra Shekhar Ray, S/o Late Satya Narayan Rai, R/o
Charghara, P.O.- Balkahari, P.S.- Taratand, Dist.-
Giridih.
3. Suresh Chandra Singh, S/o Late Awadh Bihari, R/o
Tuktuko, P.O.- Atka, P.S.- Dist.- Giridih.
4. Renuka Devi, W/o Late Sridhar Singh.
5. Rahul Kumar, S/o Late Sridhar Singh.
6. Shailendra Kumar Singh.
All Residents of Sariya, P.O. + P.S.- Sariya, Dist.- Giridih.
7. Rameshwar Modi, S/o Dwarika Modi, R/o Vill-
Mandardih, P.O.- Chapuyadih, P.S. + Dist.- Giridih.
... Writ Petitioners/Respondent
8. The State of Jharkhand through Secretary/Principal
Secretary, Co-operative Department, Jharkhand, Project
L.P.A. NO. 569 OF 2023 WITH L.P.A. NO. 570 OF 2023 2
Neutral Citation
2025:JHHC:28141-DB
Building, Dhurwa, Ranchi. P.O. & P.S.- Dhurwa, Dist.-
Ranchi.
9. The Registrar, Cooperative Societies, having its office at
Engineers Building, Hostel, Dhurwa, P.O.- Dhurwa, P.S.-
Jaggarnathpur, Dist.- Ranchi.
10. District Cadre Cooperative Society, Giridih cum M.D.,
Giridih, Central Co-operative Bank Ltd., Giridih, Office
at Baxidih Road, P.O.- Giridih, P.S.- Sadar, Dist.-
Giridih.
11. Managing Director, Giridih Central Cooperative Bank
Ltd, Giridih office as Baxidih Road, P.O.- Giridih, P.S.-
Sadar, Dist.- Giridih.
... Respondents/Proforma Respondents
----
PRESENT
HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
HON'BLE MR. JUSTICE ARUN KUMAR RAI
----
For the Appellant(s) : Mr. Abhinay Kumar, Adv.
For the Respondent(s) : Mr. Atanu Banerjee, Adv.
----
Dated : 10/09/2025
Per Rongon Mukhopadhyay, J. :
1. Heard Mr. Abhinay Kumar, learned counsel appearing for
the appellant(s) in both the appeals and Mr. Atanu Banerjee,
learned appearing for the respondents.
2. Both these appeals are directed against the order dated 03-
08-2022 passed in W.P.(S) No. 3279 of 2011 and order dated 06-
05-2022 passed in W.P.(S) No. 268 of 2010 by the learned Single
Judge, whereby and whereunder, the appellants herein have
been directed to make payment of arrears of salary for the
various periods enumerated in the said orders within a period of
02 months.
L.P.A. NO. 569 OF 2023 WITH L.P.A. NO. 570 OF 2023 3
Neutral Citation
2025:JHHC:28141-DB
L.P.A. No. 569 of 2023.
3. The factual matrix in the present case reveals that both the
writ petitioners (respondent nos. 1 and 2 in this appeal) were
appointed as Paid Managers vide order No. 828 dated 29-07-
1982 and order No. 359 dated 17-01-1980 respectively issued
under the signature of Principal Secretary-cum-Executive
Officer, Central Cooperative Bank Limited, Dumka (now
Jharkhand State Co-operative Bank Limited). The writ
petitioners have made repeated representations before the
concerned respondents for release of salary from 01-01-1998 to
30-06-2004, but the said amount was not released. It has been
stated that one Swapan Kumar Shill, who was also a Manager,
had preferred a writ application being W.P.(S) No. 277 of 2007
and pursuant to the order dated 09-02-2007, the said petitioner
was paid his arrears of salary. In terms of the direction of the
Patna High Court in C.W.J.C. No. 7083/1996, the Co-operative
Department, State of Bihar issued Memo No. 3608 dated 12-10-
2000, in which it was mentioned that dearness allowance of Paid
Manager will be paid up to 31-01-2001 as per pre-determined
purpose. It has been stated that from time to time, the salary of
the writ petitioners have been rectified and the Government has
issued a Memo No. 141 dated 18-01-1994 in which dearness
allowance has been fixed at 50% and the salary of the Paid
Manager/PECS Manager has been fixed in the scale of Rs. 975-
75-1050-30-1500. The Co-operative Department, Government of
Jharkhand had issued Letter No. 235 dated 01-03-2005
addressed to all the Managing Directors, Co-operative Bank
Limited -cum-Secretary, District Cadre, Co-operative Central
Member Society, Jharkhand, in which it has been directed to
furnish the detailed salary of the Paid Managers for payment of
their arears. Since the writ petitioners were deprived of arrears
of salary for the period 01-01-1999 to 30-06-2004, they had
L.P.A. NO. 569 OF 2023 WITH L.P.A. NO. 570 OF 2023 4
Neutral Citation
2025:JHHC:28141-DB
represented the authorities concerned and was ultimately
constrained to move this Court in W.P.(S) No. 3279 of 2011 which
was disposed of on 03-08-2022 directing the respondent no. 9 to
pay the arrears of salary to the writ petitioners for the period 01-
01-1999 to 30-06-2004 within a period of 02 months and this is
the order impugned to the present appeal.
L.P.A. No. 570 2023.
4. The facts in brief is that the writ petitioners are working
under the supervision of Giridih Co-operative Bank Limited (now
Jharkhand State Co-operative Bank Limited) being posted as
Managers in the Primary Agriculture Co-operative Society
Limited in different branches in the district of Giridih. The writ
petitioners have regularly and continuously discharged their
duty in the aforesaid capacity till 30-09-2003. Pursuant to the
decision taken by the District Establishment Committee in its
meeting held on 27-09-2003 and in accordance with the
judgment of the Hon'ble Supreme Court, the writ petitioners on
being found eligible were appointed in the services of the State
Government as would be evident from the appointment
letters/orders issued from the Office of the Deputy
Commissioner, Giridih under his signature vide Memo No.
814/est. dated 30-09-2003. The writ petitioners, however, were
not paid the arrears of salary for the period 01-01-2000 to 30-
09-2003 despite they having continuously worked during the
said period and have also discharged their duties. The writ
petitioners were constrained to move this Court for redressal of
their grievance regarding non-payment of arrears of salary in
W.P.(S) No. 1363 of 2008 which was disposed of on 18-07-2008
giving liberty to the petitioners to file representations before the
Managing Director, Giridih Central Co-operative Bank Limited
and if such representation is preferred, the concerned
respondent was directed to pass an appropriate order in
L.P.A. NO. 569 OF 2023 WITH L.P.A. NO. 570 OF 2023 5
Neutral Citation
2025:JHHC:28141-DB
accordance with law. The writ petitioner had filed representation
which, however, was rejected vide order dated 14-10-2008 and
this was challenged by the writ petitioners in a separate writ
application being W.P.(S) No. 268 of 2010 in which an order was
passed on 06-05-2022 quashing the impugned order dated 14-
10-2008 and directing the concerned respondent to pay the
arrears of salary to the writ petitioners for the period January,
2000 to September, 2003 within a period of 02 months.
5. It has been submitted by Mr. Abhinay Kumar, learned
counsel appearing for the appellant in both the appeals that the
writ petitioners worked as Paid Manager and, in the order,
passed by this Court in L.P.A. No. 378 of 2006, it has been settled
that the Paid Managers are neither the employees of the State
Government, nor are they employees of the District Central Co-
operative Bank. It has been submitted that the Paid Managers
were the employees of the District Cadre Society of which the
District Central Co-operative Bank was only one of the many
constituents. The State Government never paid the salaries to
the Paid Managers and for payment of salary, a District Cadre
was created which used to get contributions from the State
Government, the State Co-operative Bank, the District Central
Co-operative Bank and the Primary Agriculture Credit Societies.
It has been submitted that the writ petitioners were employees of
the District Cadre Society and, therefore, the liability of payment
rests with the District Cadre Society which fact has not been
appropriately considered by the learned Single Judge.
6. Mr. Atanu Banerjee, learned counsel appearing for the writ
petitioners/respondent(s) herein has submitted that L.P.A No.
378 of 2006 which has been relied upon by the appellant bank
was with respect to the age of superannuation claimed at par
with that of the State Government employees, but the claim was
rejected on the ground that they were not the employees of the
L.P.A. NO. 569 OF 2023 WITH L.P.A. NO. 570 OF 2023 6
Neutral Citation
2025:JHHC:28141-DB
State Government. It has been submitted that the issue in
question has already attained finality in view of the order passed
in S.L.P. No. 14913/2020 affirming the order passed in L.P.A.
No. 418 of 2019 which was against an order passed in W.P.(S)
No. 6760 of 2013 in favour of the writ petitioners in the said case.
7. The issue which has been raised by the appellant bank is
no longer res integra. In L.P.A. No. 418 of 2019 which was
preferred against the order dated 28-01-2016 passed in W.P.(S)
No. 6760 of 2013, it was held as under:
"Admitted fact herein is that the
learned Single Judge while dealing with the
issue about payment of salary of the writ
petitioner/respondent No.1 from 01.01.1999
to 10.05.2004, during which the writ-
petitioner/respondent No.1 had worked as
Paid Manager the fact has been brought
before the writ Court with respect to the
orders passed by the other co-ordinate
Benches of this Court and in pursuance
thereto, by following the principle of judicial
discipline, the writ petition has been
allowed. Further, it is not the case of the
appellant that the orders passed by the co-
ordinate Benches have been reversed by the
higher forum rather it is the admitted case
that the orders passed by the other Benches
in writ petitions being W.P.(S) No.1901 of
2006, W.P.(S) No.4778 of 2006, W.P.(S)
No.1956 of 2009 and W.P.(S) No.5033 of
2012 have already been complied with.
The further question herein is, can the
respondents be allowed to discriminate the
L.P.A. NO. 569 OF 2023 WITH L.P.A. NO. 570 OF 2023 7
Neutral Citation
2025:JHHC:28141-DB
writ-petitioner merely on the ground of
opening of Pandora's box and alleged
discriminatory towards the employees
whose claims have been rejected. The
answer of this Court would be in negative as
because if the order passed by the learned
Single Judge will be held to be improper and
illegal by setting it aside, it will lead to
discrimination towards the writ-petitioner as
because the other co-employees who have
come to this Court by way of several writ
petitions have already been paid their
salary. If the State authority would have any
grievance as has been agitated in the
present appeal, it was available to them to
assail the orders passed by this court in
other writ petitions being W.P.(S) No.1901 of
2006, W.P.(S) No.4778 of 2006, W.P.(S)
No.1956 of 2009 and W.P.(S) No.5033 of
2012 but the appellant authority has chosen
not to do so, therefore, this Court is of the
view that if the learned Single Judge has
passed the order which is impugned in this
appeal purely on the basis of the fact that on
similar circumstances, the orders have been
passed by the other co-ordinate benches, the
said order cannot be said to suffer from any
infirmity."
This order was assailed by the Jharkhand State Cooperative
Bank Limited in S.L.P. No. 14913/2020 which, however, was
dismissed.
8. The learned counsel for the appellant has failed to
L.P.A. NO. 569 OF 2023 WITH L.P.A. NO. 570 OF 2023 8
Neutral Citation
2025:JHHC:28141-DB
distinguish the findings recorded by the learned Single Judge
which is primarily based on the issue having already been
decided and set at rest as noted above. The learned Single Judge
has recorded appropriate reasonings while disposing of both the
writ applications with a direction to make payment of arrears of
salary to the writ petitioners for the period such claim was made.
We do not find any reasons to interfere in the impugned orders
passed in the respective writ applications and we, consequently
dismiss both these appeals.
9. Pending I.A.s, if any, stands closed.
(RONGON MUKHOPADHYAY, J.)
(ARUN KUMAR RAI, J.)
Jharkhand High Court, Ranchi
Dated the 10th Day of September, 2025
Preet/N.A.F.R.
L.P.A. NO. 569 OF 2023 WITH L.P.A. NO. 570 OF 2023 9
