IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1014 of 2010 In CWJC No. 3476 of 2010 With I.A. No. 5549 of 2010 ================================================ 1. Gandak Command Area Development Agency, Muzaffarpur through its Secretary, 2. The Secretary, Gandak Command Area Development Agency, Siwan 3. The Executive Engineer, Gandak Command Area Development Agency, Siwan ……………..………………………… Appellants Versus 1. The State of Bihar through the Finance Secretary, Department of Finance, Government of Bihar, Patna (Respondent No. 4) ………………….. Respondent 1st Set 2. Ram Chandra Ram, S/o Late Singhasan Ram, R/o Vill - Garar, P.S. Andar, Distt – Siwan (Petitioner) …………Respondent 2nd Set ………………………. Respondents. ================================================ Appearance: For the appellants: Mr Ishwari Singh, Advocate. For the respondent no.1: Mr Chandra Shekhar Singh,AC to GA VII. =============================================== CORAM: HONOURABLE THE CHIEF JUSTICE AND HONOURABLE MR JUSTICE JYOTI SARAN ORAL ORDER (Per : HONOURABLE THE CHIEF JUSTICE) 3. 08.09.2010. Heard the learned Advocates. Though served, respondent no. 2 has not entered appearance. Re. I.A. No. 5549 of 2010. This application under Section 5 of the Limitation Act is filed by the appellants for condonation of 2 delay of 33 days occurred in filing the Letters Patent Appeal. On the facts and in the circumstances of the case, the delay is condoned. The Interlocutory Application stands disposed of. Re. LPA No. 1014 of 2010. This Appeal preferred under Clause 10 of the Letters Patent arises from the order dated 18.03.2010 made by the learned single Judge in the above CWJC No. 3476 of 2010. The matter at issue is whether the respondent no. 2-writ petitioner, an Amin in the Gandak Area Development Agency, is required to pass the examination in Hindi language; whether on failure of the writ petitioner to pass such examination he would lose right to annual increment and whether on passing the examination he will have right to remittance of the increments withheld. It is admitted that the State Government has issued circular that Amins are not required to make noting and drafting. Hence, they are not required to pass the Hindi language examination. Besides, the writ petitioner has passed Seventh Standard Examination with Hindi as one of the subjects. The mother tongue of the writ petitioner is also Hindi. In above view of the matter, we find that the learned single Judge has rightly allowed the Writ Petition and rightly restrained the appellant-agency from recovering the amount of increments paid to the writ petitioner. For the aforesaid reason, the Letters Patent 3 Appeal is dismissed in limine. Dilip ( R.M. Doshit, CJ ) ( Jyoti Saran, J )