IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12363 of 2004 1. JAY PRAKASH LALL, son of Sri Raghu Nandan Lall, resident of village- Nerut, Police Station-Sare, District-Nalanda, at present posted as L.D.C. in the office of Circle Officer, Giriak, Nalanda. 2. Jagdish Prasad, son of Juman Mahto resident of village-Sipah, Police Station-……. District- Nalanda, at present posted as L.D.C. at Giriak Block, Nalanda 3. Madan Mohan Prasad, son of Sri Chandeshwari Prasad, resident of village-Amawan, Police Station- Bind, District-Nalanda at present posted as Lower Division Clerk at Sub-Division Office-Jehanabad --------------Petitioners. Versus 1. THE STATE OF BIHAR through the Secretary, Finance Department, Government of Bihar, Patna. 2. The Secretary, Department of Finance, Government of Bihar. 3. The Secretary, Co-operative Department, Government of Bihar, Patna 4. The Registrar, Co-operative Department, Government of Bihar, Patna 5. Managing Direcotr, Nalanda Central Co-operative Bank Ltd. At Biharsharif, Nalanda, District-Nalanda. ----------------Respondents. ----------- 2. 06.08.2010 These three petitioners are claiming arrear of salaries and payment of dearness allowances from January, 1999 onwards. Their claim is that they have worked on the post of Paid Manager but the salary has not paid to them. They also want a direction on respondent no. 5, i.e., Nalanda Central Co-operative Bank for payment of salary. The petitioners admittedly were appointed as Paid Manager and were working with Primary Agriculture Co-operative Society known as 2 PACS. Payment of their salary and emoluments are guided by the various circulars which have been issued by the Department of Co-operative Government of Bihar from time to time. It is not in dispute now that such payments or entitlements are linked with the kind of recovery by the Paid Manager from the defaulting members of such PACS. Many a battles have been fought before this Court by the PACS Managers trying to acquire the status of a Government servant, but they had not succeeded in their endeavour despite many rounds of litigations. The settled position in law as it stand today is that the entitlement or payments of salary is linked with recoveries and a detailed procedure whereof has already been worked out, some of which is reflected in Annexure-5. No direction can be issued for payment to these petitioners. However, if they can satisfy the authorities that their recovery is at par and the deposits and there are enough founds available in the second account which is the recovery account, payment will be made to them as arrears. The circulars will govern the issue. Since it is also a matter of accounting and verification being the respective Primary 3 Agricultural Co-operative Societies, petitioners would be well advised to approach the respective PACS. The writ application is disposed of with the above observation. Anand Kr. ( Ajay Kumar Tripathi, J.)