IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11279 of 2005 1. PRATIMA KUMARI SINHA, Wife of Shri Mohan Kumar Sinha, Resident of Mohalla Moghalpura, P.O. Jhauganj, Patna City, District Patna, at present A.N.M. Primary Health Centre, Dehri-on-Sone, District Rohtas. 2. Malti Devi, Wife of Shri Lakshman Paswan, Resident of Mohalla Tarbungla, Ward No. 29, Dehri-on-Sone, District Rohtas, at present A.N.M. Additional Primary Health Centre, Darihat, District Rohtas. 3. Ram Badai Singh, Son of Late Khobhari Singh, Resident of Village Dillian, Ward No. 15, P.O. & P.S. Dehri-on-Sone, District Rohtas, at present Basic Health Worker, Primary Health Centre, Dehri-on-Sone, District Rohtas. 4. Arun Kumar, Son of late Surajdeo Ram, Resident of village Karamdih, P.O. & P.S. Barun, District Aurangabad, at present Pharmacist, Additional Primary Health Centre, Darihat, District Rohtas. 5. Surendra Prasad, Son of late Sheo Das, Resident of Mohalla New Gangauli, Thakurbari Road, P.O. & P.S. Dalmianagar, District Rohtas, at present Health Worker, Primary Health Centre, Dehri-on-Sone, P.O. & P.S. Dehri-on-Sone, District Rohtas. ------------- Petitioners Versus 1. THE STATE OF BIHAR. 2. The Secretary and Commissioner, Health Medical Education and Family Welfare Department, Bihar, Patna. 3. The Director in Chief, Health Services, Bihar, Patna. 4. The District Magistrate, Rohtas, Sasaram. 5. The Civil Surgeon-cum-C.M.O. Rohtas at P.O. & P.S. Sasaram, District Rohtas. 6. The Medical Officer I/S Primary Health Centre, Dehari-on-Sone, District Rohtas. 7. The Accountant General, Bihar, Patna. ----- Respondents with CWJC No.11370 of 2005 SMT.ASHA SINHA, Wife of Shri Deo Kumar Singh, Resident of village Baurahee, P.S. Dhanrua, District Patna, at present A.N.M. Primary Health Centre, Dehari on Sone, P.O. & P.S. Dehari on Sone, District Rohtas. ---- Petitioner Versus 1. THE STATE OF BIHAR. 2. The Commissioner and Secretary to Government, Health Medical Education and Family Welfare Department, Bihar, Patna. 3. The Director-in-Chief, Health Services, Bihar, Patna. 4. The District Magistrate, Rohtas, At & P.O. Sasaram, District Rohtas. 5. The Civil Surgeon-cum-C.M.O., Rohtas. 6. The Medical Officer, Primary Health Centre, Dehri on Sone, District Rohtas. 7. The Accountant General, Bihar, Patna. --- Respondents ----------- 9 18.3.2011 The petitioners have prayed for quashing Annexures 1, 1/a, 1/b, 1/c and 1/d in CWJC No. 11279/2005 and Annexure 1 of CWJC No. 11370/2005 by which an order has been passed for recovery of a sum of Rs. 1,75,352/- and Rs. 1,11,181/- from the 2 petitioners for the reason that they had not passed Hindi Noting and Drafting Examination. The petitioners are the A.N.Ms. and Basic Health Workers respectively posted in at different Primary Health Centres in the district of Rohtas. The petitioners have been receiving higher pray which is granted to persons who have passed Hindi Noting and Drafting Examination. Counsel for the petitioner submits that vide Annexures 2, 3 and 4 the Health Department has issued letters which exempted all except Clerks and Rountine Clerks from passing the aforesaid examination. A supplementary counter affidavit has been filed stating therein that the notification was issued by the Health Department without taking concurrence of Raj Bhasha Department which has resulted in this anomaly. It is stated that Raj Bhasha Department has, in fact vide Annexure 5, dated 5.5.2005 specifically stated that the A.N.Ms and Basic Health Workers are required to pass Hindi Noting and Drafting Examination. The aforesaid facts reveal that the petitioners were granted only increments in view of Annexures 2, 3 and 4. It is not the fault of the petitioners that the Health Department thought it fit to issues Annexures 2, 3 and 4 exempting all but Clerks from passing the said examination. The confirmation from Health Department that A.N.Ms. and Basic Health Workers and other employees of the Health Department are required to pass Hindi Noting and Drafting Examination was only issued on 5.5.2005. In 3 view of the aforesaid fact it would be unfair to recover the excess amount paid to the petitioners by way of annual increments. I accordingly quash the impugned orders and both the writ petitions are, thus, allowed. haque ( Sheema Ali Khan, J.)