IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6484 of 2002 RAM REKHA MAHTO, S/O LATE JAGDEO MAHTO, R/O VILLAGE-PIPRAHI, P.O.-PIPRAHI, P.S.-PIPRAHI, DISTRICT-SHEOHAR, PRESENTLY HEADMASTER, NATIONALISED MIDDLE SCHOOL, FATEHPUR, DISTRICT-SHEOHAR. ……………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER AND SECRETARY, PRIMARY AND ADULT EDUCATION DEPARTMENT, VIKASH BHAWAN, PATNA. 2. COMMISSIONER AND SECRETARY, PRIMARY AND ADULT EDUCATION DEPARTMENT, VIKASH BHAWAN, PATNA. 3. DIRECTOR, PRIMARY EDUCATION, BIHAR, VIKASH BHAVAN, PATNA. 4. DISTRICT SUPERINTENDENT OF EDUCATION, SHEOHAR. ………………RESPONDENTS. With CWJC No.6842 of 2002 DAMODAR JHA, S/O LATE PANDIT BIKRAM JHA, VILLAGE AND P.O.-NARHA, P.S.-MAJORGANJ, VIA- RIGA, DISTRICT-SITAMARHI. ……………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER AND SECRETARY, PRIMARY AND ADULT EDUCATION DEPARTMENT, VIKASH BHAWAN, PATNA. 2. COMMISSIONER AND SECRETARY, PRIMARY AND ADULT EDUCATION DEPARTMENT, VIKASH BHAWAN, PATNA. 3. DIRECTOR, PRIMARY EDUCATION, BIHAR, VIKASH BHAVAN, PATNA. 4. DISTRICT SUPERINTENDENT OF EDUCATION, SHEOHAR. ………………RESPONDENTS. ----------- 3 14.05.2010 Heard learned counsel for the petitioner and learned counsel for the State in both the cases. Petitioners have filed these writ applications challenging the same Annexure-1 dated 20.04.2002 by which petitioners and other 2 Headmasters have been held to have illegally drawn increment without passing Hindi Noting and Drafting Examination. As per Annexure-1, it appears that the petitioners drew increment with effect from 2.4.1987 whereas they passed the examination on 16.8.2001. From 16.8.2001 they are being paid the increments which are not disputed. However, by this order the increments drawn earlier have been ordered to be recovered. Learned counsel for the petitioners submits that before this order was passed for recovery of the excess increment drawn by the petitioners no notice was given to the petitioners to satisfy that the nature of work which they were performing did not require passing Hindi Noting and Drafting Examination. Learned counsel for the State submits that the petitioners were themselves Drawing and Disbursing Officers and were confirmed Headmasters. Obviously they were required to deal with files make notings on the same and draft letters etc. Therefore, their nature of work makes it essential for them to pass Hindi Noting and Drafting Examination. 3 The submission of learned counsel for the State appears to be correct. However, the letter of the Government dated 13.11.1987 (as contained in Annexure-5 in the first writ application and Annexure-3 of the second writ application) gives some right to the petitioners to file a representation and satisfy the authorities that in the background of nature of work which they were performing they were not required to pass Hindi Noting and Drafting Examination. The following sentence in the said letter dated 13.11.1987 in respect of In-charge Headmaster and Headmaster is qualified and reads as follows: “fdUrq mudh izksUufr izHkkjh iz/kkuk/;kid ;k iz/kkuk/;kid ds in ij gksus ij ;fn muds fy, fVIi.kh fy[kus] izk:I ;k izfrosnu izLrqr djus dh vko’;drk gksxh rks muds fy, ml fLFkfr esa bl ijh{kk esa mÙkh.kZ gksuk vko’;d gks tk,xkA” This stipulation in the said letter gives a right to the petitioners to represent the respondents and satisfy them that in view of the nature of work which they were actually performing they were not required to pass Hindi Noting and Drafting Examination. In the circumstances, without quashing Annexure-1 of the writ applications, this Court 4 gives liberty to the petitioners to file representation before the District Superintendent of Education and satisfy him that as per the said Government letter dated 13.11.1987 it was not essential for them to pass Hindi Noting and Drafting Examination. If the authorities are satisfied they will be at liberty to recall the order, as contained in Annexure-1, and refund any excess amount recovered from them pursuant to the said order. Both the writ applications are disposed of with the aforesaid observations and directions. Arvind/ (J. N. Singh, J.)