RAM SWAROOP CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition the petitioner is aggrieved on account of recovery of alleged excess payment made to him by way of increment before his retirement, as he did not pass Hindi Noting and Drafting examination.

(2.) IT is submitted that while the Government letter no. 18846 dated 25.5.77, contained in Annexure -A to the counter -affidavit filed on behalf of the Accountant General the provision for passing Hindi Noting and Drafting examination in order to earn increment was laid down, but the said provision was dispensed with vide subsequent Government decision as contained in letter no. 720 dated 25.4.1988, contained in Annexure -3, with respect to those Headmasters who completed 50 years of age on the date of promotion. As such, it has been submitted by counsel for the petitioner that the recovery of the alleged excess payment is unjustified and illegal.

(3.) NO counter -affidavit has been filed on behalf of the State. However, learned counsel for the State relying upon the stand taken in the counter -affidavit filed on behalf of the Accountant General has submitted that the claim of the petitioner for grant of exemption from passing Hindi Noting and Drafting examination was declined by the Department -vide Annexure -C dated 30.7.97 in the light of the decision contained in Annexure -A. Counsel for the respondents have failed to show that the respondent -authorities have failed to show that the respondent authorities have at all considered the aforementioned Circular no. 720 dated 25.4.1988, contained in Annexure -3, issued in supersession of the Government decision contained in Annexure -A.