IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4280 of 2002 SMT.SUSHILA KUMARI SINHA, W/O SRI BHUSHAN PRASAD, A.N.M., PRIMARY HEALTH CENTRE, ATRI, DISTRICT-GAYA. ………………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. DIRECTOR-IN-CHIEF, HEALTH SERVICES, BIHAR, PATNA. 3. INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, ATRI, DISTRICT-GAYA. …………RESPONDENTS. ----------- 6 28.04.2010 The order dated 3.4.2002, which was peremptory, having not been complied with, the writ application stands dismissed in respect of petitioner nos. 2 to 10. Therefore, it is made clear that the interim order passed in this case on 9.5.2002 is not applicable to the said petitioners and is operative only in respect of petitioner no. 1. Heard learned counsel for the petitioner and learned counsel for the State. The grievance of the sole petitioner in this case is for quashing of the order dated 25.8.2001 passed by the respondent no. 3, as contained in Annexure-3, whereby an order has been passed for recovery of the excess salary paid to the petitioner by way of increment without passing Hindi Noting and Drafting examination. Learned counsel for the petitioner 2 submits that the petitioner was working as A.N.M. in Primary Health Centre, Atari Block, District-Gaya. He submits that by specific order of the Department of Health, as contained in Annexure-1, the employees of the Department working in the Blocks, except the Accountants and the Correspondence Clerks, were exempted from passing the said examination. He submits that in view of this clear exemption petitioner was not required to pass Hindi Noting and Drafting examination. Therefore, the order, as contained in Annexure-3, so far as it relates to the petitioner, is bad in law and fit to be quashed. Counter affidavit has been filed in this case and a general stand has been taken therein that since the Finance Department controls the function of payment of salary, grant of increment and promotion etc. to the Government employees its directions have to be complied with. Since the general requirement to pass Hindi Noting and Drafting examination was for all Class-III employees to make them eligible for grant of increment, the same applies to the petitioner also. However, he 3 submits that the Annexure-1 was issued by the Health Department and, therefore, it does not govern the decision of the Finance Department. The submission of learned counsel for the respondents is fallacious. The petitioner is admittedly an employee of the Health Department. Therefore, her service conditions are to be governed by the decisions of the Department. The Health Department by a conscious decision, as contained in Annexure-1, had exempted all other employees working in the Block, except Accountants and the Correspondence Clerks, from the requirement of passing of Hindi Noting and Drafting examination. The said decision of the Department applies to the petitioner also and, therefore, respondents were not legally entitled to recover the amount paid to the petitioner by way of said increment. In the circumstances, this Court finds the order as contained in Annexure-3 unsustainable in law. The same is therefore quashed, so far as it affects the petitioner. This Court directs that if any amount has been recovered from the petitioner pursuant to the said order, the same shall be refunded to her 4 within two months from the date of receipt/production of a copy of this order. The writ application is, accordingly, allowed with the aforesaid observations and directions. Arvind/ (J. N. Singh, J.)