IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1760 of 2005 ASHOK KUMAR MISHRA SONOF LATE KAMESHWAR MISHRA RESIDENT OF VILLAGE DHARAMPUR, P.O. SILAR, DISTRICT AURANGABAD AT PRESENT WORKING AS AN ASSISTANT IN THE DISTRICT DEVELOPMENT SECTION, COLLECTORATE AT AURANGABAD. Versus THE STATE OF BIHAR & ORS ----------- 3 23/08/2010 Admitted position is that the petitioner was a PACS Manager. His demand for payment of salary etc. are governed by the relevant Circulars issued from time to time by the State government. Status of the PACS Manager and their demand for payment of salary on regular basis have been matters of adjudication before this Court in various litigations and the last decision on this issue is in the case of Shail Devi Vs. State of Bihar and othrs reported in 2008(1)PLJR, 533. The case of the present petitioner is governed by the ratio decided in the said decision. No direction can be given for payment of salary to petitioner except to the extent that if the petitioner can establish that there is fund available due to recovery made by him during the period he was in employment in the PACS in question, necessary claim can be lodged and the matter will be verified and - 2 - necessary direction will be issued by the respondents. No categorical order can be passed for payment in favour of the petitioner in view of the ratio of the case laid down in the case of Shail Devi (Supra). This writ application is disposed of with the observation as above. AMIN/ (Ajay Kumar Tripathi, J.)