IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17604 of 2008 Chinnama K.C., W/o C.U. Joseph, Resident of Gurugovind Singh Hospital Campus, P.S. Khajekala, District-Patna………………...Petitioner Versus 1. The State Of Bihar through Director Rajya Bhasha Karyalaya, Patna Division, Patna. 2. Deputy Director, Divisional Rajya Bhasha Office, Patna. 3. Superintendent, Patna City Government Hospital, Patna. 4. Deputy Superintendent, Patna City Government Hospital, Patna………………………….……………Respondents ------ 2 19.08.2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has filed this writ application for quashing of the order dated 23.06.2006 as contained in Annexure-3 by which on account of non-passing of Hindi Notings & Drafting Examination, annual increments granted to her have been withdrawn and orders have been passed for recovery of excess amount paid to her from her salary from July, 2006 onwards. Learned counsel for the petitioner submits that annual increments were paid to her without any misrepresentation or fraud on her part. Subsequently, after coming to know about requirement of non-passing of the examination, she had appeared in the examination in 2005 itself and was declared successful. He submits that in the light of the same, respondents were 2 not legally entitled to pass order, later on, for cancellation of increment granted to her and recovery of the excess amount paid to her. The Government instructions provide that a Government servant requiring to read and write Hindi in discharge of his duties has to pass Hindi Notings & Drafting Examination. It is a commendable provision but no strict application of the said provisions is required to be made. Since the petitioner had passed examination, though a bit late, prior to issue of Annexure- 3, respondents were not justified to pass order of cancellation of the increments granted to her and order for recovery of the excess amount paid to her. In the circumstances, this Court feels it appropriate that the petitioner should not be penalized for not passing the examination at the relevant time. As a consequence, Annexure-3 is quashed. The respondents are restrained from depriving the petitioner of her annual increments granted to her and from making recovery of her alleged excess amount paid to her. This Court directs that if any recovery of excess amount has been made from salary of 3 the petitioner in terms of Anenxure-3, the same shall be refunded to her preferably with two months from the date of receipt/production of a copy of this Court. It goes without saying that this order will operate in favour of the petitioner only after certificate dated 10.12.2005 issued from the office of the Deputy Director, Rajbhasha as contained in Annexure-2 is found to be genuine and valid. The writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)