IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4364 of 2003 BHUPENDRA PRASAD YADAV Versus THE STATE OF BIHAR & ORS ----------- 10/ 10/04/2009 Heard learned counsel for the petitioner, learned counsel for the State of Bihar and learned counsel for the Central Cooperative Bank Limited, Purnea. The petitioner is stated to be the paid Manager of a Primary Agricultural Credit Society (hereinafter referred to as P.A.C.S. for purposes of brevity). As has been stated in the counter affidavit of the State respondents, the P.A.C.S. stands at the bottom level of the structure. Above the P.A.C.S. is the District Cadre Cooperative Society and at the apex level is the Bihar State Cooperative Banks Limited. A District Cadre Cooperative Fund has been created in every District Cadre Cooperative Society from which the paid Manager of the P.A.C.S. get their salary. Finances in this District Cadre Cooperative Fund come from the contribution made by the P.A.C.S. concerned, from the Central Cooperative Bank of the district concerned and from the contribution of the State Cooperative Bank and other Government sources that be there. 2 A basic pay-scale of the paid Managers of the P.A.C.S. is fixed. There is a scheme for incentive to a Manager thereafter if his collection figures are good. This presumably makes the P.A.C.S. thriving and also makes available funds to it to contribute to the District Cadre Cooperative Fund for favour of payment of salary etc. If a P.A.C.S. Manager does not perform, he gets no incentive money but his basic pay-scale is protected. But, if he does not achieve the minimum level of collection of 40%, he is liable to be terminated. These are the issues falling for consideration by this Court in the present writ application. On these, the complaint is that the paid Manager of the P.A.C.S. is not getting his salary. No issues of adjudication, consideration and determination of either the Cooperative Societies Act or the Rules framed thereunder or any other statutory rules, notifications, circulars etc. are involved. A purely administrative matter arising out of an administrative scheme framed by the Government has been thrust upon the High Court by the administrator in the form of a writ application. The administrator requires the High Court to take decisions on its behalf. If the paid Manager of the P.A.C.S. is not performing up to the mark he is liable to be terminated. If he is not terminated, he is liable to be paid the basic salary. If he has performed up 3 to the mark he is entitled to the incentive. There are no more issues. It is unfortunate that it requires the catalyst of an order of this Court to set the laboratory of the Government in motion and start reactions. The matter is remanded to the Secretary, Department of Co-operative, Government of Bihar, to examine the entire issue and take an appropriate decision in accordance with law and which shall also decide the eligibility of the claims of the petitioner on the base level of the pay-scale even if it is held that he is not entitled to anything else. In any event of the matter, the Secretary is directed to pass a speaking and reasoned order in the event that the petitioner be aggrieved and judicial review be necessary based thereupon. This shall be done after due opportunity to the petitioner of the materials on which the Secretary shall rely to deny relief to the petitioner and opportunity to meet the same. Let such decision be taken within four months from the date of receipt/production of a copy of this order. The application stands disposed. KC (Navin Sinha, J.)