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Patna High Court
Chandra Shekhar Singh And Ors vs The State Of Bihar Through Chief ... on 29 January, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16234 of 2014
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1.1. Rekha Devi Wife of Chandra Shekhar Singh, Resident of Saropatty, P.O. -
Lalpur, Saropatty, P.s. - Singheshwar, District- Madhepura.
2. Nawal Kishore Yadav S/o Late Ram Sharan Yadav, At and P.O. Pospar, P.S.
Saur Bazar, District- Saharsa.
3. Sitaram Ram S/o late Parmeshwar Ram, At Khopaiti, P.O. Sukhasan Chakla,
District Madhepura at present Sahugarh, No. 1, P.S. and District Madhepura.
4. Brahamdeo Kumar S/o Late Subhash Ram, At Mojama, P.O. - Teerwa, P.S. -
Shankarpur, District- Madhepura.
5. Gajendra Sharma S/o late Soti Sharma, At and P.O. Pastpar, P.S. Saurbazar,
District Saharsa.
6. Shiv Narayan Sah S/o Late Dasrath Ram, At and P.O. Saronikala, P.S.
Golpara, District - Madhepura.
7. Surya Narayan Yadav S/o late Ras Bihari Yadav, At Chamgarh, P.O. Jitapur,
P.S. Murliganj, District Madhepura.
8. Digambar Kumar Jha S/o late Shivanand Jha, At Pir Nagar, P.O. Pirnagar,
Jyodhi, District- Munger at present District- Khagaria.
9. Dev Narayan Yadav S/o Late Raghubir Yadav, At and P.O.- Pastpar, P.S.
Sourbazar, District- Saharsa.
10. Siya Charan Paswan S/o Late Bhumi Paswan, At and P.O.- Balram, P.S. and
District - Madhepura.
11. Bishnudeo Rajak S/o Jagdish Rajak, At and P.O. - Fulot, P.S. Fulot, District-
Madhepura.
12. Nirmala Devi W/o Late Devdatta Pd. Yadav, R/o Village - Maheshwa Tola,
Chausar, P.O. Maheshwar, P.S. and District Madhepura.
13. Ganesh Prasad Singh S/o late Jatashankar, At Rampurkhora, P.O. and P.S. -
Udakishunganj, District- Madhepura.
14. Jagdish Thakur S/o late Moti Thakur R/o Village Thangha, P.O. - Kanp, P.S.
Saurbazar, District- Saharsa.
15. Surendra Pd. Suman S/o late Narayan Sah, R/o Village and P.O. and P.S. -
Singheshwar, District Madhepura.
16. Chhedilal Choudhary S/o late Surya Narayan Choudhary, Madhepura Ward
No. 14, Bipass Road, FCI Godown, P.O. and P.S. and District- Madhepura.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Govt. of Bihar, Patna.
2. The Chief Secretary, Govt. of Bihar, Patna.
3. The Principal Secretary, Cooperative Society, Govt. of Bihar, Patna.
4. The Registrar, Co-operative Society, Bihar Patna.
5. The Managing Director, Bihar State Cooperative Bank, Patna cum Member
Patna High Court CWJC No.16234 of 2014 dt.29-01-2026
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of Secretary, Bihar State Cadre Cooperative Society, Ashok Rajpath, Patna.
6. The District Magistrate, Madhepura cum Liquidator, Madhepura, Supaul
Central Co-operative Bank Ltd. Madhepura.
7. The Joint Registrar, Cooperative Society, Koshi Pramandal, Saharsa cum
Joint Liquidatory Madhepura Supaul Cooperative Bank Ltd. Madhepura.
8. The District Cooperative Officer, Madhepura cum Administrator, Saharsa
District Cadre Cooperative Society Ltd., Madhepura cum Assistant
Liquidator, Madhepura Supaul Central Cooperative Bank Ltd., Madhepura,
District Madhepura.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sharda Nand Mishra, Adv.
For the Respondent/s : Mr.Ajeet Kumar, Adv
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 29-01-2026
1. The Writ petition is filed for the
following reliefs:
"For issuance of writ in
the nature of mandamus for
direction to the respondent to pay
the arrear of salary to the
petitioners in pursuance of the 5-
men Committee report dt. 22.08.12
by which recommend for payment
of arrear of salary to the employee
of the respondents but respondent
authorities have not paid the arrear
of salary to petitioners as yet and
further issued direction to the
respondents to pay the arrear of
salary to the petitioners along with
11 % compound interest per annum
till date of full and final payment to
the petitioners along with litigation
cost and further issue direction to
Patna High Court CWJC No.16234 of 2014 dt.29-01-2026
give other consequential benefit
attach to the post to the petitioners.
2. The brief facts, as culled out from the
Writ petition are that the petitioners were
appointed in the year 1974 and 1977 in the
Co-operative Department on the post of PACS
Manager, by way of special appointment by the
Government. Thereafter, the respondent authority
issued a Memo No. 6489 dated 23.05.1981, under
the signature of the Chief Secretory, Government
of Bihar, for appointment in the class III and IV
posts in all departments. Pursuant to it, an
advertisement dated 30.07.1981 was published in
the newspaper Aryavart for appointment to the
post of PACS Manager in the pay scale of Rs. 200-
308. In response to the said advertisement, the
petitioners and others applied for appointment.
They were duly selected and joined their
respective places of posting. The petitioners were
posted at different places and continued to work
on the post of PACS Manager, till their respective
dates of retirement. However, the arrears of salary
Patna High Court CWJC No.16234 of 2014 dt.29-01-2026
for the working period were not paid to them, for
which a comparative chart has been annexed with
the Writ petition (Annexure-3). The petitioners
submitted several representations before the
respondent authorities seeking payment of their
due salary, but the same were not considered.
Copies of the last representation has been annexed
with the Writ petition (Annexure-4).
3. It is pertinent to mention that the Writ
petition is not only filed by the employees, but also
by the widows of some of the employees. In spite
of several representations, the respondent
authorities have not passed any orders, which
constrained the petitioners to prefer this Writ
petition.
4. A detailed counter affidavit was filed
by respondent No. 8, District Co-operative Officer,
Madhepura-Cum-Administrator which disclose that
the Paid Managers were neither employees of the
State Government nor employees of the District
Central Co-operative Bank; rather, they were
employees of the District Cadre Co-operative
Patna High Court CWJC No.16234 of 2014 dt.29-01-2026
Societies (DCCS), which is a self-governed co-
operative socieity registered under the Bihar Co-
operative Societies Act, 1935. As per the bye-laws
of the DCCS, the Member Secretary of the DCCS is
the appointing, controlling, and salary-disbursing
authority of the Paid Managers of the District.
5. It is further stated that the Paid
Managers received their salary from the District
Cadre Fund through A/C No. 1, which is generated
by contribution from Bihar State Co-operative
Bank, District Central Co-operative Bank, and PACS
in the ration of 0.3%, 0.75%, and 1.25%
respectively, of the short-term agricultural loans
distributed in the previous financial year. In case of
shortage of funds in the Cadre Fund, up to 60% of
the profit of PACS of which the Paid Manager is in-
charge can also be utilized for payment of salary.
This arrangement is also envisaged in letter
bearing Memo No. 4414 dated 13.09.2003 issued
by the Co-operative Department. So far as claim of
the petitioners regarding salary for the period
during which the petitioners served as Paid
Patna High Court CWJC No.16234 of 2014 dt.29-01-2026
Managers is concerned, it is stated that the issue
has already been settled by the Hon'ble Division
Bench of this Court vide order dated 25.07.2013
passed in L.P.A. No. 156 of 2011, wherein it was
held that the Paid Managers were employees of the
concerned Cadre Co-operative Societies and are
neither Government servants nor employees of the
Bank. It is specifically stated in the counter
affidavit that, in view of the said judgment, no
claim against the Bank or the State Government is
maintainable, and accordingly, prayed to dismiss
the Writ petition. It is further contended by the
Learned counsel for the respondents that the
petitioners in L.P.A. No. 156 of 2011, preferred an
Special Leave Petition (S.L.P.) before the Hon'ble
Supreme Court, which was dismissed, thereby
affirming the judgment of the Division Bench of
this Court.
6. Heard the Learned counsel for the
petitioners as well as the Learned counsel for the
respondents.
7. As per the judgment passed in L.P.A.
Patna High Court CWJC No.16234 of 2014 dt.29-01-2026
No. 156 of 2011 by the Division Bench of this
Court, it is evident that the petitioners are neither
employees of the State Government nor
employees of the Bank, and therefore, they cannot
maintain any claim against either of them. As such,
the relief sought by the petitioners is not
maintainable and the Writ petition is devoid of
merits.
7. In view of the above discussions, the
Writ petition is dismissed as it devoid of merits.
(G. Anupama Chakravarthy, J)
Amandeep/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 31.01.2026
Transmission Date
