IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4406 of 2005 ============================================= Dina Nath Prasad, son of Sri Laxmi Prasad, r/o- village- Lakshi Khareya, P.O.- Sanhala, P.S.- Kuchaikote, District- Gopalganj at present in the office of Sub-divisional Officer, Gopalganj, District- Gopalganj. .... .... Petitioner/s Versus 1. The State Of Bihar through the Commissioner-cum-Secretary, Department of Co-operative Societies, New Secretariat, Patna. 2. The Registrar, Department of Cooperative Societies, Government of Bihar, Patna. 3. The Additional Registrar, Department of Cooperative Societies, Government of Bihar, Patna. 4. The Managing Director-cum-Member Secretary, Sambarg Co- operative Society, Gopalganj. 5. The District Magistrate, Gopalganj. 6. The Deputy Collector, District Establishment Office, Gopalganj Collectorate, Gopalganj. 7. The Sub-Divisional Officer (Civil), Gopalganj. 8. The Block Cooperative Extension Officer, Kuchaikote, District- Gopalganj. .... .... Respondent/s ============================================= Appearance : For the Petitioner/s : Mr. Ranjan Kr.Shrivastava Mr. P.K.Mishra Mr. P.K.Sinha For the Respondent/s : Mr. (SC8) Mr. Sanjay Kumar ============================================= 7 21-09-2011 Heard learned counsel for the petitioner, counsel for respondent Sambarg Cooperative Society (for short “ the Society”) and learned counsel for the State. Petitioner before his absorption in the Government in terms of the order of the Hon’ble Supreme Court passed in Civil Appeal No. 7367 of 1996 was serving the Society as PACS Manager. He has approached this Court for issuance 2 of appropriate writ to quash the order contained in letter No. 31 dated 16.10.2004 (Annexure-1). On perusal of the aforesaid order, it appears that the same has been passed in the light of order passed by the Registrar, Cooperative Society. The order impugned states that the petitioner was paid certain advances which remained unsatisfied and as such the same earned interest and on calculation whereof, it was found that a sum of Rs. 2,22,750/- was payable by the petitioner to the Society which was to be realized in 49 equal installments. It is the stand of the petitioner that on account of non-payment of salary from January, 1998 to 16.2.2004, he was entitled to be paid to the tune of Rs. Three lakhs. It appears that the aforesaid grievance was raised in diverse writ petitions filed in the year 2005 in this Court which were clubbed together and were disposed of by proceeding dated 12.9.2006 copy whereof has been enclosed as Annexure-D to the supplementary counter affidavit filed on behalf of the respondent No. 4. This Court disposed of the aforesaid batch of writ petitions in the following manner: “I think, having regard to such controversy, it would be best to have this matter referred to Joint Registrar, Cooperative Societies, Magadh Division, Gaya to sort out the 3 controversies upon notice to the petitioners and the District Cadre Cooperative Society, Aurangabad and upon hearing them. The said Joint Registrar is requested to conclude the matter as quickly as possible but not later than three months from the date of service of a copy of this order upon him and if, he finds that any amount is payable by the District Cadre Cooperative Society, Aurangabad to the petitioners on account of their remuneration to issue appropriate directions to that effect quantifying the amount due to the petitioners. He shall pass reasoned orders while issuing the such direction. It is made clear that it shall be open to the petitioners as well as to the District Cadre Cooperative Society concerned to place before the said Joint Registrar any evidence they wish to rely in support of their claims and contentions.” Learned counsel for the respondents states that the present application merits disposal in the aforesaid terms. Learned counsel for the petitioner has not disputed the aforesaid stand. Having heard the parties and on going through the materials on record as also agreement at Bar, the present application is also disposed of in the terms in which batch of writ petitions being C.W.J.C. No. 3283 of 2005, C.W.J.C. No. 3293 of 2005 and analogous matter (Annexure-D) was disposed of. In case of any doubt, the respondent shall refer to 4 the operative portion of the aforesaid order which I have quoted hereinabove. The Registrar, Cooperative Society, Government of Bihar shall make efforts to dispose of the matter within three months from the date of receipt/production of a copy of this order. PANKAJ KUMAR/- (Kishore K. Mandal, J)