IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.1675 of 2010 IN CIVIL WRIT JURISDICTION CASE No. 12363 of 2004 WITH INTERLOCUTORY APPLICATION No. 9187 of 2010 IN LETTERS PATENT APPEAL No.1675 of 2010 ==================================================== 1. Jay Prakash Lall, s/O Sri Raghu Nandan Lall, resident of Village- Nerut, P.S.-Sare, Dist-Nalanda, then posted as L.D.C. in the office of Circle Officer, Giriak, Nalanda. 2. Jagdish Prasad, S/o Jamun Mahton, resident of Village—Sipah, P.S.- Dipnagar, District-Nalanda, then posted as L.D.C. at Giriak Block, Nalanda. 3. Madan Mohan Prasad, S/o Sri Chandeshwari Prasad, resident of Village- Amawan, P.S.-Bind, District-Nalanda, then posted as Lower Division Clerk, at Sub-Division Office, Jehanabad. …. …. Petitioners-Appellants Versus 1. The State of Bihar through the Secretary, Finance Department, Government of Bihar, Patna. 2. The Secretary, Finance Department, Government of Bihar, Patna. 3. The Secretary, Co-operative Department, Government of Bihar, Patna. 4. The Registrar, Co-operative Department, Government of Bihar, Patna. 5. The Managing Director, Co-operative Bank Ltd. at Biharsharif, Nalanda, District-Nalanda. …. …. Respondents-Respondents ==================================================== Appearance : For the Appellant : Mr. Sidhendra Narayan Singh, Advocate ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 26.10.2010. Interlocutory Application No. 9187 of 2010:- This application under Section 5 of the Limitation Act has been filed by the appellants for condonation of delay of 7 days occurred in filing the Letters Patent Appeal. On the facts and in the circumstances of the - 2 - case, the delay in filing the Letters Patent Appeal is condoned. The Interlocutory Application stands disposed of. Letters Patent Appeal No. 1675 of 2010:- Feeling aggrieved by the judgment and order dated 6th August 2010 passed by the learned single Judge in above C.W.J.C. No. 12363 of 2004 the writ petitioners have preferred this appeal under Clause X of the Letters Patent. The writ petitioners claim that they were the Paid Managers of the respondent no.5, Nalanda Central Co-operative Bank Ltd. They are not paid their salary and dearness allowance since 1st January 1999. the learned single Judge has refused to entertain the writ petition under Article 226 of the Constitution and has relegated the petitioners to alternative remedy before the concerned Primary Agricultural Credit Co-operative Societies. Learned Advocate Mr. Sidhendra Prasad Singh has appeared for the appellants. He has submitted that the learned single Judge has erred in relegating the appellants to alternative remedy. If at all, the appellants should be relegated to the respondent no.5 but not to the concerned Primary Agricultural Credit Co-operative Societies. He has submitted that it is the State Government which exercises control in respect of the amount and the method of payment of salary to the Paid Managers like the appellants. Therefore, a petition under Article 226 of the Constitution is maintainable. - 3 - We are unable to agree with Mr. Singh. Indisputably, the appellants are the servants of the Co- operative Banks. The Co-operative Banks cannot be said to be ‘State’ within the meaning of Article 12 of the Constitution. Besides, the appellants have a statutory remedy under Section 48 of the Bihar Co-operative Societies Act, 1935. The appellants can also approach the concerned Primary Agricultural Credit Co-operative Society as directed by the learned single Judge. In view of the alternative remedy available to the appellants the writ petition has rightly not been entertained by the learned single Judge. No case for interference is made out. The Appeal is dismissed in limine. Pawan/- (R.M. Doshit, CJ) (Jyoti Saran, J)