IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14536 of 2008 MD.SAYEED ANWAR, S/O GULAM MUSTAFA, R/O MOHALLA-KHESARI MOHALLA, P.S.-ARA TOWN, DISTRICT BHOJPUR, ARA AT PRESENT POSTED AS PHARMACIST SADAR HOSPITAL, ARA, DISTRICT- BHOJPUR, ARA. ……………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. DIRECTOR-IN-CHIEF, HEALTH SERVICES, BIHAR, PATNA. 3. THE SUPERINTENDENT SADAR HOSPITAL, ARA, DISTRICT-BHOJPUR. 4. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, SADAR HOSPITAL, ARA, BHOJPUR. …………RESPONDENTS. ----------- 3 16.09.2011 Petitioner is aggrieved by the order of the Superintendent, Sadar Hospital, Ara dated 29.11.2007, as contained in Annexure-2, by which his increment has been stopped on the ground that he had not passed the Hindi Noting and Drafting Examination, till he passed the examination. He is also aggrieved by the subsequent order of the Civil Surgeon-cum- Chief Medical Officer dated 28.12.2007, annexed as Annexure-2/1, by which the increment paid to him has been ordered to be recovered in installments of Rs.1000/- per month. Learned counsel for the petitioner submits that in the circular dated 20.09.1970 which was re-issued in the 2 letter dated 30.05.1992, all other employees of the Health Department working in the blocks except the Accountants and Correspondence Clerks were exempted from appearing in the examination. He submits that now the petitioner has passed the examination which is evident from Annexure- 3 to the supplementary affidavit. Hence, petitioner is entitled for increment and monetary benefits thereof. He submits that in spite of the order of the Civil Surgeon no recovery has been made from the petitioner. A counter affidavit has been filed in this case. Learned counsel for the respondents submits that the increment of the petitioner was stopped in view of the letter of the Director-in-Chief, Health Services dated 05.05.2005, as contained in Annexure-A. However, he fairly accepts that, now that the petitioner has passed the examination, he is entitled for his increments and monetary benefits thereof. He does not dispute that no recovery has been made from the petitioner and petitioner has now passed the 3 examination. In the circumstances, the writ application is disposed of with a direction to the respondents to grant the withheld increments of the petitioner and pay the amount payable to the petitioner on this count in view of the fact that the petitioner has now passed the examination. The pay fixation in this regard shall be done and the arrears of the petitioner shall be paid by the respondents within a period of three months from the date of receipt/production of a copy of this order. Arvind/ ( J.N. Singh, J.)