BHOLAYADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Ibrahim Kabir for the petitioner, Mr. A. B. Sinha, learned SC X for respondent nos. 1 to 4, and Mr. Anil Kumar Jha, learned Addl. Standing Counsel for respondent no. 5 (the Accountant General, Bihar, Patna). This writ petition is directed against the order dated 4.11.99 (Annexure -1), issued by the office of the Accountant General (A & E) II, Bihar, Patna, to the Superintendent of Police, Darbhanga, whereby he has come to the conclusion that the petitioner was paid salary in excess while in service because he had not assed Hindi Noting & Drafting Examination. The latter has, therefore, been called upon to accordingly recalculate the salary payable to the petitioner while in service which may have an adverse effect on the post -retirement benefits also.

(2.) ACCORDING to the writ petition, the petitioner had initially joined the service of the Bihar Government as a Constable in the year 1961 which is a class IV post. He passed the SLC examination in 1970 and was promoted to the rank of Havildar in 1976. He was thereafter promoted to the ranK of Civil Jamadar in 1992 which is admittedly a class III post. The petitioner was accordingly granted increments in the higher pay -scale. The petitioner superannuated from the services of the Bihar Government w.e.f. 1.7.99 while functioning as a Civil Jamadar under the Superintendent of Police, Darbhanga. It was thereafter detected in the office of the Accountant General Bihar, Patna, that the petitioner had never passed the Hindi Noting & Drafting examination after he was promoted to a class III post and, therefore, he had wrongly been given increments. In that view of the matter, the impugned order was issued whereby he reached the conclusion that not having passed the Hindi Noting & Drafting examination within a period of one year from his promotion to the post of Civil Jamadar, he should not have been granted increment (s). Therefore, the S.P., Darbhanga has been called upon to accordingly recalculate the salary admissible to the petitioner while in service for purpose of recovery.

(3.) BEFORE I examine the rival contentions, I must state the two -fold difficulty I am faced with while disposing of this writ petition. There seems to be some discrepancy between the pleadings of the parties with respect to the date of promotion of the petitioner as Jamadar and the next higher post of Civil Jamadar. There is also no material on record to conclude whether or not Jamadar is a class III post. However, the same need not detain us in view of the nature of the order which I am going to pass. Learned standing counsel no. X has taken me through paragraph 5 of the counter affidavit which is to the effect that in terms of Cabinet (Raj Bhasha) Secretariat Resolution No. 361 - Ra, dated 15.6.68 (Annexure A) every government servant except class IV employee, who has to read and write in course of his duty, is required to pass "Hindi Noting & Drafting Examination" failing which he will not be entitled to his admissible increment or confirmation, nor will be eligible to cross the efficiency bar. It is further stated in paragraph 5(ii) of the counter affidavit that the petitioner was promoted to the post of Civil Jamadar in 1992, and he was required to read complaints and write reports in course of discharge of his duty. It is thus manifest that the petitioner was required to pass the Hindi noting and drafting examination after he was promoted to class III post. Reference may be made to rule -23 of the Bihar Police Manual 1978 (Vol. II) in this connection :