IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10540 of 2010 ====================================================== 1. Rajendra Singh S/O Late Rasbihari Singh R/O Vill.- Dahampur, P.S. Rajgir, Distt.- Nalanda .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Collector Nalanda, At Biharsharif 3. The Circle Officer, Rajgir 4. The Treasury Officer, Nalanda, At Biharsharif 5. The District Accountant Officer, Nalanda At Biharsharif .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Arjun Prasad Singh For the Respondent/s : Mr. (Gp10) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 3 08-11-2011 Heard learned counsel for the petitioner and the State. The petitioner is stated to hold the qualification of matriculation, was appointed in 1966, confirmed on 16.3.1974 and has superannuated from the post of Revenue Karmchari, a class-3 post, on 31.1.2004. He is aggrieved by the order dated 22.1.2004 in pursuance of which a sum of Rs.1,65,333/- has been deducted from his salary on account of not having passed the Hindi Noting and Drafting Examination, a pre condition for grant of annual increments. Learned counsel for the petitioner submits that the impugned order had been passed barely one week before his Patna High Court CWJC No.10540 of 2010 (3) dt.08-11-2011 2 superannuation causing severe pecuniary loss. The petitioner holds the qualification of Matriculation with Hindi as one of the subjects. Referring to the government circular dated 3.6.2003 at Clause-2(i), it is submitted that since he was a Matriculate with Hindi, it was not necessary for him to pass the Hindi Noting and Drafting Examination. Learned counsel for the State submits that under the aforesaid circular, those only required to read and write in Hindi were exempted from the requirement to pass the exam under clause- 2(i). Persons like the petitioner who were required to prepare notes and drafts in Hindi had to pass the examination. Under clause- 4 only teachers, routine clerks and typists were exempted from passing the examination as they did not perform duties of preparing notes and drafts. No other grounds have been urged. The ability of the petitioner to read and write in Hindi has a direct co-relation to his capacity for preparing drafts and notes. If he held the qualification of matriculation with Hindi, and the respondents never found any deficiency in his capacity to prepare notes and drafts the Court finds the conduct of the respondents in raking up the issue one week before his superannuation highly unreasonable and arbitrary. There are no allegations of the petitioner having acted to the contrary in any manner to secure the benefit. Patna High Court CWJC No.10540 of 2010 (3) dt.08-11-2011 3 The amount deducted is significant and reflective of the long number of years for which the increments came to be granted without any objections. The order dated 22.1.2004 is set aside. Any deductions made are directed to be refunded with all consequential relief and directions with regard to pension to be complied within four months from the date of receipt/production of a copy of this order. The writ application is allowed. Krishna Chandra Jha/- (Navin Sinha, J)