IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.1507 OF 2004 SUSHIL CHANDRA JHA, SON OF LATE JAGER NATH JHA, RESIDENT OF VILLAGE BARUWARI, POLICE STATION GAIGHAT, DISTRICT MUZAFFARPUR …………………………………………………………………………………PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF HEALTH AND FAMILY PLANNING, BIHAR, PATNA 2. THE DEPUTY CONTROLLER OF ACCOUNTS, VAISHALI (FINANCE DEPARTMENT) 3. THE CIVIL SURGEON –CUM- CHIEF MEDICAL OFFICER, VAISHALI 4. THE INCHARGE, MEDICAL OFFICER, PRIMARY HEALTH CNETRE, GAROUL, VAISHALI 5. THE DEPUTY DIRECTOR, HEALTH SERVICES (PLANNING), BIHAR, PATNA ………………………………………………………………………..RESPONDENTS ******** 5 30/11/2010 The petitioner is aggrieved by the order dated 09.05.2002 by which the increment granted to him from 02.04.1980 to 16.01.1993 has been held to be illegal on the ground that he had not passed the Hindi Noting and Drafting Examination, which is an essential condition for grant of such increment. It is said that the petitioner has to deposit Rs. 12,888/-, which was paid to him by way of increment granted to him. The petitioner relies on Annexure-2, which is a letter issued by the Assistant Director, Health Services to all the Medical Officers on 20.06.1967 with respect to passing of the Hindi Noting and Drafting Examination. This letter indicates that if the person is not required to do any work of Drafting and Noting, he would not be required to pass the Hindi Noting and Drafting 2 Examination. The State has not been able to deny the existence of such a letter or that this letter is incorrect or the facts stated in the letter are incorrect. On the basis of the aforesaid letter as contained in Annexure-2, it is apparent that the petitioner, who is the Basic Health Worker, is not concerned with the work of Noting and Drafting and as such, it has been submitted on his behalf that there is no requirement for him to pass the Hindi Noting and Drafting Examination. It may be relevant to state that the petitioner has in fact passed the Hindi Noting and Drafting Examination on 17.01.1993 and has subsequently acquired the qualification. On the basis of the facts, it may be said that the petitioner had acquired the requisite qualification by passing the Hindi Noting and Drafting Examination subsequently. Therefore, in my opinion, since the petitioner had subsequently acquired the qualification, the grant of increment cannot be illegal. I, accordingly, quash the order as contained in Annexure-4, both on the basis of the facts that the petitioner was not required to pass the Hindi Noting and Drafting Examination (Annexure-2) and because of the fact that the petitioner had subsequently acquired the qualification and, therefore, he is entitled for the said 3 increment. Learned Counsel for the petitioner submits that this Court had granted stay of the recovery on 02.11.2004. At paragraph 10 of the counter affidavit, it has been stated that out of Rs. 12,888/-, Rs. 4752/- has been recovered from the petitioner in nine instalments at the rate of Rs. 528/- per instalment. The respondents should be duty bound to pay the petitioner Rs. 4752/- which was deducted from the salary of the petitioner. This writ application is allowed to the extent indicated above. Anand ( Sheema Ali Khan, J. )