IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3476 of 2010 1. RAM CHANDRA RAM S/O LATE SINGHASAN RAM R/O VILL.- GARAR, P.S.- ANDAR, DISTT.- SIWAN Versus 1. GANDAK AREA DEVELOPMENT AGENCY, MUZAFFARPUR, THROUGH ITS SECRETARY 2. THE SECRETARY GANDAK COMMAND AREA DEVELOPMENT AGENCY, SIWAN 3. EXECUTIVE ENGINEER GANDAK COMMAND AREA DEVELOPMENT AGENCY, SIWAN 4. THE STATE OF BIHAR THROUGH THE FINANCE SECRETARY DEPTT. OF FINANCE, GOVT. OF BIHAR, PATNA ----------- 2. 18.03.2010. Heard learned counsel for the petitioner, State and the counsel for the Gandak Command Area Development Agency, Muzaffarpur (hereinafter referred to as the “Agency”). 2. Petitioner, Amin is aggrieved by the order bearing Memo No. 349 dated 30.10.2009, Annexure-7, whereunder the Executive Engineer of the Agency has directed for recovery of the increments allowed to the petitioner from the date of his appointment as he failed to pass Hindi Noting and Drafting Examination. In this connection, it is submitted on behalf of the petitioner that the Government under instructions bearing letter no. 146 dated 10th June, 1977, Annexure-6 observed that the Amins acquiring working knowledge of Hindi may not be forced to pass Hindi Noting and Drafting Examination. In this connection, it is further pointed out that petitioner has acquired working knowledge of Hindi as he has passed Madhyama examination from Bihar Sanskrit Shiksha Board which is evident from the mark-sheet dated 29.6.2007 as contained in Annexure-5 to this application. Learned counsel with reference to the mark-sheet and the circular dated 10th June, 1977, Annexures-5 and 6 submitted that the Executive Engineer should reconsider his direction to recover the increments allowed to the petitioner. - 2 - 3. Counsel for the Agency has opposed the prayer of the petitioner. He states that petitioner having passed the Madhyama examination from Sanskrit Shiksha Board in the year 2007 cannot be taken to have acquired the working knowledge of Hindi when he was appointed as Amin and according to learned counsel he is entitled to the benefit of increments only with effect from the date he has passed the Madhyama examination. 4. I regret not to accept the aforesaid submission. Once petitioner has passed Madhyama examination after his appointment as Amin it should be taken that he had working knowledge of Hindi right from the date of appointment and the increments already allowed should not be recovered. Let the Executive Engineer consider my observations above and pass appropriate orders in accordance with law as early as possible, in any case within a period of one month from the date of receipt/production of a copy of this order, meanwhile, no recovery be made from the petitioner. P.K.P. (V.N.Sinha,J.)