IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6477 of 2009 1. JOLLY P.A., WIFE OF SALI JOHN AND DAUGHTER OF M. GEORGE, RESIDENT OF QUARTER NO. 5, PATNA CITY HOSPITAL, PATNA CITY, P.S. KHAJEKALAN, DISTRICT- PATNA. 2. MARIAMME VERUGHESE, WIFE OF ABRAHEM GEORGE AND DAUGHTER OF P.P. VERUGHESE, RESDIENT OF QUARTER NO. 7, PATNA CITY HOSPITAL, PATNA CITY, P.S. KHAJEKALAN, DISTRICT – PATNA. …………. PETITIONERS. Versus 1. THE STATE Of BIHAR. 2. THE ADDITIONAL COMMISSIONER –CUM- SECRETARY, GOVERNMENT OF BIHAR, PATNA. 3. THE DIRECTOR-IN-CHIEF, HEALTH SERVICES, BIHAR, PATNA. 4. THE DEPUTY DIRECTOR, HEALTH SERVICES, BIHAR, PATNA. 5. THE SUPERINTENDENT OF HEALTH, PATNA CITY HOSPITAL, BIHAR, PATNA. 6. THE CHIEF CONTROLLER OF ACCOUNTS, FINANCE (AUDIT) DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. ………… RESPONDENTS. ----------- For the Petitioners : - Mr. Mahesh Prasad No. III, Advocate Mr. Arvind Pandey, Advocate For the State : - Mr. Rajesh Mishra, AC to AAG VII. ------------- 03/ 18.08.2011 Heard counsel for the petitioners and counsel appearing for the State. Both the petitioners are working on the post of Auxiliary Nurse Midwife (A.N.M.) in Govt. Hospital, Patna City. Petitioners have passed Hindi Noting and Drafting Examination held in the year, 2001, although it was not required for them as per the work being discharged by them is purely technical. Hindi Examination Rules, 1998 relating to passing of Hindi Noting and Drafting Examination provides that passing of Hindi Noting and Drafting Examination is 2 essential for all Govt. employees except Class IV employees. But so far requirement for passing Hindi Noting and Drafting Examination to Grade I Nurse is concerned, they have been exempted by the Rajbhasha Department. Despite of this exemption, petitioners appeared in examination and passed; Memo No. 394(4) dated 5.5.2005 was issued by the Department of Health, whereby exemption of passing Hindi Noting and Drafting Examination with respect to the persons like the petitioners was cancelled. In response to this Memo Nos. 646 and 650 dated 23.6.2006 was issued, whereby annual increments allowed to the petitioners were directed to be cancelled and amount already paid to the petitioners by way of annual increment were directed to be recovered in 60 installments. Recovery also started from July, 2006. Counsel for the petitioners submits that at the time when increment was allowed to the petitioners, an exemption in case of Auxiliary Nurse from passing the Hindi Noting and Drafting had been allowed by the Rajbhasha Department, considering the fact that duties being discharged by them were purely 3 technical in nature. The cancellation of exemption was issued vide Memo No. 394(4) dated 5.5.2005, as such it would have only prospective effect. The increments, which were allowed to the petitioners earlier in the year 2001-02, that should not have been cancelled. Besides, this petitioners have already passed Hindi Noting and Drafting Examination in the year 2001 itself (Annexure-1 and 1/1) and considering that they were allowed increments. There was no obvious reason for cancelling the increments allowed to them and directing for recovery of amount paid to them by way of increment. However, the respondents-authorities illegally cancelled the increments allowed to them and also made recovery of that amount. It has been done by the authorities ignoring the factual as well as legal aspect of the matter. Considering all these facts, the orders contained in Annexure-7 and 7/1 contained in Memo Nos. 646 and 650 dated 23.6.2006 are quashed. Respondents are directed to refund the amount, which has been recovered from the salary of the petitioners on account of issuance of order contained in 4 Annexure-7 and 7/1. Petitioners will be get benefit of increments, which were allowed to them by the respondents, considering they had already passed Hindi Noting and Drafting Examination. This application is allowed. DKS/ (Mridula Mishra, J.)