IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.916 of 2009 BALESHWAR YADAV SON OF LATE BHUPATI YADAV, RESIDENT OF VILLAGE- KORANE, P.S. CHANDRAMANDIH (CHAKAI), DISTRICT- JAMU................................. APPELLANT Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA 2. THE DISTRICT EDUCATION OFFICER, JAMUI. 3. THE HEADMASTER, D.D.V. HIGH SCHOOL, KORENE (JAMUI0, P.O. KORANE( CHANDRAMANDIH) P.S. CHANDRAMANDIH, DISTRICT- JAMUI..................................................... RESPONDENTS --------------- 4 11-2-2010 Heard learned counsel for the appellant and learned counsel for the State. The writ court has considered and has upheld the decision of the authority to the effect that the writ petitioner/appellant was wrongly given increment when he had not passed the Hindi Noting and Drafting examination. Learned counsel for the appellant has placed reliance upon the Hindi Noting and Drafting Rules 1968 wherein an exception has been provided for Government Servants other than Class-IV who are only required to read and write Hindi in course of their official duties that they may be exempted from taking the examination if they have passed the matriculation examination with Hindi as one of the papers. But the appellant’s case comes under another provision in the Rules, because as a clerk his official duty includeed not only reading and writing Hindi but also giving notes in Hindi and for such officials it is provided under the Rules that they must pass the Hindi Noting and Drafting examination, otherwise increment cannot be granted. We find no error in the judgment and order under appeal - 2 - and hence the appeal is dismissed but without cost. Learned writ court has already observed that since the appellant had passed the Hindi Noting and Drafting examination subsequently in the year 2006 before his retirement, therefore if the amount actually deducted was in excess of the amount required to be deducted,he may raise a grievance through a representation. If such representation is filed the same should be disposed of expeditiously, preferably within four months. ( Shiva Kirti Singh,J) ( C.M. Prasad, J) Naresh