IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9947 of 2007 GAJENDRA JHA W i t h CWJC No.10116 of 2007 SMT.ASHA KARN Versus THE STATE OF BIHAR & ORS ----------- 2/ 15/05/2009 Heard learned counsel for the petitioners and learned counsel for the State in both the writ applications. The petitioners were appointed on the post of a Basic Health Worker and an A.N.M. respectively in 1986. The Bihar Sarkari Sevak (Hindi Pariksha) Niyamavali, 1968 provides that employees associated with Hindi Noting and drafting in official works should pass the Hindi Noting and Drafting Examination within one year of appointment prior to getting the first increment. It is the case of the petitioners that various instructions have been issued from time to time qualifying that those who are not directly associated with official correspondence work, accountancy work etc. are not required to pass such examination. In pursuance there of the State Government has also issued notification dated 12.10.1990 appended at Annexure-4 to C.W.J.C. No.9947/07. In that view of the matter, the petitioners who were not discharging any duties of correspondence clerk/accountancy work etc. 2 were granted increments without requiring them to pass the Hindi Noting and Drafting Examination. On 9.6.2007 orders have been issued that since the petitioners have not passed the Hindi Noting and Drafting Examination increments granted to them right from the first increment after appointment was contrary to law and that steps be taken for recovery of the same. This has been communicated to the petitioners by orders dated 9.6.2007 and 26.6.2007. The next submission is that the impugned orders dated 9.6.2007 and 27.6.2007 have been issued in violation of the principles of natural justice without any show cause notice to the petitioners. A counter affidavit has been filed on behalf of the respondents. The submission on behalf of the petitioners from the counter affidavit itself is that it is only on 5.5.2005 vide Annexure-C that it can be said that the notification dated 12.10.1990 referred to above on which the petitioner rely to urge that they were not required to pass the Hindi Noting and Drafting Examination has been withdrawn. The order dated 5.5.2005 at Annexure-C to the counter affidavit itself makes it explicit in paragraph-3 thereof that this annulment was prospective in nature. A benefit accrued 3 to them already under the earlier notification of 12.10.1990 cannot be taken away. It is next submitted that in any event of the matter, the petitioners have also cleared the Hindi Noting and Drafting Examination in the examination held on 22.1.2006 as certified in writing on 21.11.2006. Whether it be violation of principles of natural justice prior to issuance of the impugned orders or the fact that the petitioners have now also cleared the Hindi Noting and Drafting Examination, the order dated 5.5.2005 being only prospective in nature, looked at from any point of view this Court finds it difficult to sustain the impugned orders dated 9.6.2007 and 27.6.2007. The impugned orders are accordingly set aside. The matter is remanded to the respondent authorities to decide the matter afresh in light of the aforesaid discussion after hearing the petitioner and if they propose to pass an order adverse to the petitioners, they shall be required to furnish materials for the same to the petitioners with liberty to rebut the same and then pass a reasoned and speaking order to facilitate judicial review, if the need arises. Let this order be complied with within a maximum period of four months from the date of 4 receipt/production of a copy of this order failing which the respondents shall be obliged to refund to the petitioners any deduction and the increments that may have been made from their salary. The writ applications stand allowed. KC ( Navin Sinha, J.)