IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17445 of 2010 KAUSHAL KUMAR VERMA, AGED ABOUT 61 YEARS OLD, SON OF LATE TULSI NARAIN LABH, RESIDENT OF VILLAGE DHURLAKH, POLICE STATION WARISH NAGAR, DISTRICT SAMASTIPUR. Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER AND SECRETARY, URBAN DEVELOPMENT AND HOUSING DEPARTMENT HAVING HIS OFICE IN VIKAS BHAWAN, POLICE STATION SACHIVALAYA, DISTRICT PATNA. 2. THE BIHAR STATE HOUSING BOARD THROUGH THE CHAIRMAN CUM MANAGING DIRECTOR, HAVING HIS OFFICE IN 6 MANGLES ROAD, POLICE STATION SACHIVALAYA, DISTRICT PATNA. 3. THE SECRETARY, BIHAR STATE HOUSING BOARD HAVING HIS OFFICE IN 6 MANGLES ROAD, POLICE STATION SACHIVALAYA, DISTRICT PATNA. 4. THE SECRETARY, FINANCE DEPARTMENT, HAVING HIS OFFICE IN OLD SECRETARIAT, POLICE STATION SACHIVALAYA, DISTRICT PATNA. 5. THE EXECUTIVE ENGINEER, BIHAR STATE HOUSING BOARD, PATNA DIVISION NO.3, HAVING HIS OFFICE IN BHOOT NATH ASHRAM, BAHADURPUR, POLICE STATION AGAM KUAN, DISTRICT PATNA. For the petitioner : Mr. Rupak Kumar, Advocate. For the Housing Board : Mr. Anil Kumar Sinha, Advocate. For the State : Mrs. Shail Kumari, Advocate. ----------- 03. 02.11.2010 Heard learned counsel for the petitioner and Sri Anil Kumar, counsel for the Bihar State Housing Board(hereinafter referred to as the Board) who has filed Vakalatnama as also produced copy of the two circulars referred to in the impugned order dated 4/19.6.2009, Annexure-1, whereunder request of the petitioner for grant of Assured Career Progression has been rejected for his failure to pass Hindi noting and drafting examination. 2. Petitioner was initially appointed as Work Sarkar in the Housing Department of the State Government. Later, after creation of the Board, his services were transferred to the Board. Before his transfer to the Board, entry was made in his service book by the competent authority of the Housing Department that petitioner is not required to pass Hindi noting and drafting examination, extract from the service book indicating such entry in the service book has been - 2 - enclosed, which is contained in Annexure-2 to this application. Earlier petitioner filed C.W.J.C. No.2515 of 2009 praying inter alia to direct the authorities of the Board to consider his case for grant of ACP. Aforesaid writ petition was disposed of under orders dated 26.2.2009 directing the Board to dispose of representation of the petitioner dated 20.11.2008, Annexure-5 herein, whereunder petitioner had requested for grant of ACP. In compliance of order dated 26.2.2009, the Secretary of the Board has passed the impugned order dated 4/19.6.2009, Annexure-1 refusing the request of the petitioner for grant of ACP on the ground that petitioner did not pass Hindi noting and drafting examination, which is necessary for grant of ACP, as under circular of the State Government dated 21.6.1978 and 9.11.1983 only those Government servants are exempted from passing the Hindi noting and drafting examination who have attained the age of 50 years but before attaining the age of 50 years have made attempts to pass the Hindi noting and drafting examination. 3. It is submitted by the counsel for the Board that petitioner never made any attempt to pass the Hindi noting and drafting examination, as such, his case is not covered by the circular letter dated 21.6.1978 and 9.11.1983 for grant of exemption on attaining the age of 50 years. 4. Counsel for the petitioner, however submitted that in view of the entries made in the service book of the petitioner that he is exempted from passing the Hindi noting and drafting examination petitioner nurtured genuine belief that he has been exempted from - 3 - passing such examination and never made any attempt to appear in the examination. Petitioner having attained the age of 50 years, the authorities are stopped from refusing his request for grant of ACP on the ground that he never made attempts to pass the Hindi noting and drafting examination. I see substance in the submission raised by the counsel for the petitioner. In the service book of the petitioner, there is clear endorsement that petitioner is exempted from passing the Hindi noting and drafting examination. Once such entry was recorded in the service book, petitioner rightly proceeded on the basis that he has been exempted from passing such examination. Petitioner having attained the age of 50 years, the authorities cannot refuse his request for grant of ACP on the ground that he has not passed the Hindi noting and drafting examination as also failed to appear in the said examination. Once petitioner was exempted by the authorities themselves and such entry was recorded in the service book petitioner rightly proceeded on the basis that he has been exempted from passing the Hindi noting and drafting examination. 5. In view of the discussions above, I set aside the impugned order dated 4/19.6.2009, Annexure-1 passed by the Secretary of the Board and direct him to grant the petitioner ACP with effect from the due date with all consequential benefits, if he is otherwise qualified for such grant. 6. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)