IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9619 of 2009 Arun Kumar, son of Late Sheodutt Sharma, resident of village Sonwan, P.S. Ghoshi, District- Jehanabad ………….. Petitioner Versus 1.The State Of Bihar 2.The Director-in-Chief, Health Services, State of Bihar, Patna 3.The Regional Deputy Director, Health Services, Magadh Division, Gaya 4.The Civil Surgeon-cum-Chief Medical Officer, Jehanabad 5.The Incharge Medical Officer, Additional Primary Health Centre, Sonwan, P.S. Ghoshi in the district of Jehanabad ………… Respondents ----------- 4. 20/08/2010 By Annexure-3 dated 10.2.2009 issued from the office of respondent Civil Surgeon, Jehanabad, large number of employees under his control were granted A.C.P. Petitioner was working as Pharmacist in the district and was also granted A.C.P. through this order. However, learned senior counsel for the petitioner submits that the monetary benefits of A.C.P. has not been granted to the petitioner in the light of the letter of the Government dated 5.5.2005 which was forwarded by the Civil Surgeon to the Incharge Medical Officer through his letter dated 4.5.2009, as contained in Annexure-4. The said letter of the Government dated 5.5.2005 shows that the Pharmacists along with other technical staff were required to appear in the Hindi Noting and 2 Drafting Examination. Hence, since petitioner had not appeared and passed the examination, benefits of A.C.P. was not given to him by the Incharge Medical Officer. Learned senior counsel for the petitioner submits that the provision for passing Hindi Noting and Drafting Examination was introduced by the Bihar Government Employees (Hindi Examination) Rules, 1968, a copy whereof is Annexure-D to the counter Affidavit. Rule 2 of the Rules makes it obligatory upon all the Government servants, except Class IV employees, who were required to read and write, to appear in Hindi Noting and Drafting Examination within one year of their appointment. However, he points out that one exception was made in Rule 2 itself in favour of the persons, who had appeared and passed Matriculation Examination with Hindi as a subject. Thus, as per Rule 2, persons, who had already passed Matriculation Examination with Hindi as a subject, were exempted from passing the examination to be held by the Government for its employees. He submits that the said Government letter dated 5.5.2005 cannot override the provisions of the Rules as the same is only executive 3 instructions. Hence, although by said letter dated 5.5.2005 Pharmacists were also included in the category of employees, who were required to pass Hindi Noting and Drafting Examination, in individual cases, persons entitled for exemption in terms of Rule 2 of the Rules still stood exempted from appearing in the examination. He has referred to the Marksheet of the petitioner, as contained in Annexure-1, to show that the petitioner had passed Matriculation Examination held by Bihar School Examination Board with Hindi as a general paper. Though counter affidavit has been filed in the case, but learned counsel for the respondents has fairly accepted that it may be that the respondents had overlooked the exemption provided to such category of employees as per Rule 2 of the Rules while withholding monetary benefits of the petitioner of A.C.P. In the circumstances, to this Court the submission of learned senior counsel for the petitioner in respect of exemption provided in Rule 2 of the Rules appears to be correct. Therefore, the Civil Surgeon, Jehanabad is 4 directed to examine the matter and ascertain whether petitioner stands exempted from appearing in Hindi Noting and Drafting Examination in terms of the exemption provided under Rule 2 of the Rules or not. If he finds as such, he shall pass specific orders for release of monetary benefits of the petitioner as a consequence of grant of A.C.P. to him by Annexure-3. Learned senior counsel for the petitioner submits that subsequently petitioner has passed Hindi Noting and Drafting Examination which has been accepted in the counter affidavit. It further strengthens the case of the petitioner for allowing him monetary benefits of the A.C.P., which shall be taken into account by the Civil Surgeon while passing orders for release of arrears of petitioner. The Civil Surgeon, Jehanabad shall examine the matter and pass consequential orders in terms of this order within three months from the date of receipt/production of a copy of this order. The writ application is disposed of with the aforesaid observations and directions. Pradeep/ ( J. N. Singh,J.)