IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.136 of 2004 1. SHUKDEO JHA, S/O- BHAIRAB JHA, R/O- VILL. MANIKPUR, P.S.- SHAHKUND, DISTRICT- BHAGALPUR. 2. ZEYAUDDIN AHMAD, S/O- LATE NAYEEM AHMAD, R/O- VILL. & P.S.- TATARPUR, DISTT.- BHAGALPUR. 3. VIJAY PRAKASH, S/O- HARINATH MAHTO, R/O- VILL. KISHNICHAK, P.S.- PIRPANTI, DISTT.- BHAGALPUR. 4. GAYA PRASAD SINGH, S/O- GANGA JALLI SINGH, R/O- AT+P.O.- PIRPANTI, BAZAR, P.S.- PIRPANTI, DISTRICT- BHAGALPUR. 5. BRAJ NANDAN SINGH, S/O- LATE BAN BIHARI LAL, R/O- VILL. JHUKHURIYA, P.S.- SABOUR, DISTT. BHAGALPUR. 6. NAGESHWAR PRASAD SINGH, S/O- GABINATH PD. SINGH, R/O- KUMRATH, P.S.- KAJRAILI, DISTT. BHAGALPUR. 7. SACHIDANAND SINGH, S/O- MUNI LAL, SINGH, R/O- VILL. MADHUBAN TOLA, P.S.- PIRPAINTI, DISTT. BHAGALPUR :--- PETITIONERS. Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, DEPARTMENT OF CO. OPERATION, GOVT. OF BIHAR, PATNA. 3. THE REGISTRAR, CO. OP. SOCIETIES, BIHAR, PATNA. 4. THE FINANCE COMMISSIONER, GOVT. OF BIHAR, PATNA. 5. THE STATE CADRE CO. OP.SOCIETY THROUGH MANAGING DIRECTOR, BIHAR STATE CO.OP. BANK LTD., PATNA. 6. THE DISTRICT CADRE CO.OP.SOCIETY LTD., BHAGALPUR THROUGH ITS MEMBER SECRETARY, MANAGING DIRECTOR, BHAGALPUR, CENTRAL CO.OP. BANK, LTD. BHAGALPUR 7. THE BIHAR STATE CO.OP.BANK LTD., PATNA, THROUGH ITS MANAGING DIRECTOR. 8. THE BHAGALPUR CENTRAL CO.OP.BANK LTD., BHAGALPUR THROUGH ITS MANAGING DIRECTOR :---- RESPONDENTS. ----------- For the petitioners : Mr. Ishwari Singh, Advocate. For Respondent No. 8 : Mr. Nitiranjan Jha, Advocate. For Respondent No. 7 : Mr. S.N.Pathak, Advocate. ========= 6. 29.10.2010. Heard learned counsel for the petitioners and the State. 2. Petitioners are the Paid Manager serving the PACS attached to the Bhagalpur Central Co-operative Bank Limited (hereinafter referred to as the “Bank”). They have filed this writ petition to direct the authorities - 2 - of the District Cadre Fund to release their salary. Earlier on account of non-recovery of the loan there was paucity of fund in the District Cadre Fund and petitioners could not be paid their salary. After the Loan Waiver Scheme has been formulated and the amount released in favour of the Bank the amount is to be credited not only in the account of concerned PACS but also in the District Cadre Fund as contribution coming from the PACS, Bhagalpur Central Co-operative Bank and the State Co- operative Bank is the source for generating fund in the District Cadre Fund. 3. Counsel for the Bank states that he is not aware of any Loan Waiver Scheme of the Government. He is also not aware as to whether amount has been received by the Bank pursuant to such Loan Waiver Scheme. 4. This writ petition was filed on 07.01.2004 and has remained pending all these years. During the pendency of this writ petition the Loan Waiver Scheme of the Government has been formulated and acted upon in response whereto amounts have been released in favour of the different Central Co-operative Banks established and functioning in this State. Such fact has been brought to the notice of this Court in very many writ petitions and it is really surprising that the counsel - 3 - for the Bank is not aware of the said scheme and the payments received from the Government under the Loan Waiver Scheme. 5. Having heard counsel for the parties, I direct the petitioners to represent before the Managing Director of the Bank who is the controlling officer of the District Cadre Fund for payment of arrears of salary in the light of the amount received in the District Cadre Fund pursuant to the Loan Waiver Scheme formulated by the Government. The Managing Director of the Bank is also directed to ensure that the contribution of the PACS pursuant to the Loan Waiver Scheme is also received in the District Cadre Fund, if not already received, as early as possible, in any case within a period of two months from the date of receipt of this order before the Managing Director and thereafter due payment be made to the petitioners from the amount available in the District Cadre Fund. 6. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)