IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11608 of 2006 PRIYA SHANKAR MISHRA, Son of Late Rudra Nath Mishra, Resident of Village – Vijay Nagar, Police Station – Banka, P.O. – Banka, District – Banka. …….. Petitioner. Versus 1. THE STATE OF BIHAR through Secretary, Co-Operative Department, Patna. 2. The Registrar, Co-Operative Society, Patna. 3. Joint Registrar, Co-Operative Societies, Bhagalpur. 4. Assistant Registrar, Co-Operative Society, Banka. 5. Managing Director, The Bhagalpur Central Co-Operative Bank, Bhagalpur. 6. Managing Director- Cum – Member Secretary, Bhagalpur, Co-Operative Societies, Bhagalpur. ………. Respondents. For the Petitioner :- Sri Vijay Kumar Srivastava, Advocate. For the State :- Sri Fakhruddin Ali Ahmad, Asstt. Counsel to S.C. – III. For the Respondent No. 5 :- Sri Nitiranjan Jha, Advocate. Sri Rakesh Kumar Jha, Advocate. ----------- 02/ 10.05.2011 Heard counsel for the petitioner, the State and the counsel representing the Managing Director, Bhagalpur Central Co-operative Bank, Bhagalpur. Petitioner was appointed as Co-operative Paid Manager on 21.12.1975 in Yogadih and Chamreli Primary Agriculture Co-operative Society Limited, Vijay Nagar, Banka. His prayer is for a direction to Respondent No. 5 for making payment of his salary, which has remain unpaid since July, 1999 till the date of his superannuation on 31.1.2005. The issue relating to payment of salary to the 2 Paid Manager has been considered in several decisions. It has been held that any payment can be made to the Paid Manager in accordance with the scheme of payment and which depends upon their performance and on account of calculation made by the Society. Though, the petitioner is entitled for payment of salary, but it can be made only from the fund related with the scheme. In case there is no money for payment, no direction can be issued for payment of arrears of salary. Counter affidavit filed on behalf of Respondent No. 5 indicates that the Co-operative Society where the petitioner was working as Paid Manager was facing deficiency. The amount calculated was deficient and there was no fund available for making payment of salary to the persons like the petitioner working as Paid Manager. No direction can be issued for payment of arrears of salary to the petitioner for the period mentioned in the writ application. This application is dismissed. However, on availability of fund, the petitioner may renew his prayer for payment of his salary. DKS/ (Mridula Mishra)