A P JOHN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These three petitions by English stenographers working in various Departments of the Government of Gujarat involve common questions namely (i) whether English Stenographers are required to pass Gujarati Language Examination and (ii) whether their annual increments can be withheld if they fail to do so. Petitioners do not dispute that the Gujarat Government Servants (Lower Standard and Higher Standard Gujarati Language Examination) Rules 1970 (herein- after referred to as Rules) apply to them and they are required to pass Gujarati Language Examination (herein after referred to as the said examination) under the said rules. It is however contended that (i) since the petitioners are holding posts which may be described as technical or specialised posts they are not required to pass the examination under the first proviso to rule 3; (ii) under rule 5 (i) their increments cannot be withheld merely on account of their failure to pass the examination; and (iii) their increments cannot be withheld unless-they are given opportunity to show cause why their increments should not be withheld. Petitioners contend that the action of the respondents in withholding their increments for failure to pass the examination is therefore bad in law.

(2.) First proviso to rule 3 reads as under:

(3.) It is next contended that even if they are required to pass the examination under the Rules their increments cannot be withheld for failure to pass the examination. In support of this contention reliance is placed on the last part of sub-rule (i) of Rule (5) of the Rules which reads as under: