IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9015 of 2006 SONA DEVI, Aged about 57 years W/O-Shri Madan Lal, R/O-Mohalla-Ashok Chakra Galli, Gurhatta, P.S.- Khazekala, Distt.-Patna. …..Petitioner. Versus 1. THE STATE OF BIHAR 2. Director-in-Chief, Health Services, Bihar, Patna. 3. Superintendent, Guru Govind Singh Hospital, Patna City. 4. Medical Officer In-charge, Government Dispensary, Maroofganj, Patna City, Distt.-Patna. …..Respondents. ----------- 2/ 14.07.2009 Heard learned counsel for the petitioner and learned counsel for the State. Dr. Amar Nath Singh, learned counsel for the petitioner submits that in this writ application the petitioner has prayed for quashing of Annexure -1 and 2 by which the amount paid to the petitioner by way of increment was ordered to be recovered on the ground that she had not passed the Hindi Noting and Drafting Examination. However, he submits that during the pendency of this writ application the petitioner has passed the Hindi Noting and Drafting Examination and therefore, respondent no. 3, Superintendent, Guru Govind Singh Hospital, Patna City may be directed to reconsider the case of the petitioner and pass appropriate 2 orders in view of the fact that the petitioner has now passed the Hindi Noting and Drafting Examination. Accordingly, this writ application is disposed of with liberty to the petitioner to file a representation before respondent no. 3 enclosing therewith the documents in proof of her claim that she has passed the Hindi Noting and Drafting Examination. If such representation is filed within one month from today, respondent no. 3 shall consider the same and if he finds that on account of her passing Hindi Noting and Drafting Examination the earlier orders, annexed as Annexure- 1 and 2, require recall or modification, he shall do so and pass specific orders in the matter in respect of grant of the increment and/ or refund of the amount deducted from the salary of the petitioner. If respondent no. 3 does not find any legal obligation to modify the orders as contained in Annexure-1 and 2, he shall assign reasons for the same and pass final order and communicate the same to the petitioner. The final orders in either way must be passed by respondent no. 3 within three months from the date of filing of the representation and order, if any, of any consequential payment or refund of amount 3 of increment due to the petitioner shall also be passed within same time. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petitioner which has to be considered by the concerned respondent strictly in accordance with law. DKS/ (J. N. Singh, J.)