IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3962 of 2010 1. BALI RAM PRASAD S/O SHRI DAL SINGAR PRASAD R/O VILL.- KARSAUTA, TOLE- BHOJ CHAPRA, P.S. DARAUNDA, DISTT.- SIWAN Versus 1. GANDAK AREA DEVELOPMENT AGENCY MUZAFFARPUR, THROUGH ITS SECRETARY 2. THE SECRETARY GANDAK COMMAND AREA DEVELOPMENT AGENCY, SIWAN 3. EXECUTIVE ENGINEER GANDAK COMMAND AREA DEVELOPMENT AGENCY, SIWAN 4. THE STATE OF BIHAR THROUGH THE FINANCE SECRETARY DEPARTMENT OF FINANCE, GOVT. OF BIHAR, PATNA ----------- 2. 18.03.2010. Heard learned counsel for the petitioner, State and the counsel for the Gandak Command Area Development Agency, Muzaffarpur (hereinafter referred to as the “Agency”). 2. Petitioner, Amin is aggrieved by the order bearing Memo No. 348 dated 30.10.2009, Annexure-6, whereunder the Executive Engineer of the Agency has directed for recovery of the increments allowed to the petitioner from the date of his appointment as he failed to pass Hindi Noting and Drafting Examination. In this connection, it is submitted on behalf of the petitioner that the Government under instructions bearing letter no. 146 dated 10th June, 1977 observed that the Amins acquiring working knowledge of Hindi may not be forced to pass Hindi Noting and Drafting Examination. In this connection, it is further pointed out that petitioner has working knowledge of Hindi as he has passed Class VII examination and the Executive Engineer should reconsider his direction to recover the increments allowed to the petitioner in appreciation of Class-VII examination result of the petitioner. 3. Counsel for the Agency has opposed the prayer of the petitioner. He states that petitioner having passed Class VII cannot be taken to have acquired the working knowledge of Hindi. - 2 - 4. I regret not to accept the aforesaid submission. Once petitioner has passed Class-VII examination it should be taken that he had working knowledge of Hindi right from the date of appointment. Let the Executive Engineer consider my observations above and pass appropriate orders in accordance with law as early as possible, in any case within a period of one month from the date of receipt/production of a copy of this order. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)