ARUN KUMAR SRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner joined the services as Drug Inspector in the year 1973. In accordance with the rules of 1974 he was required to pass the Hindi Noting and Accounts examination within five years of coming into force of the rules, i.e., before 1979. According to the petitioner, despite his best efforts he could not clear the examination, but the increments were given to him regularly since after his joining the services and despite the fact that he did not pass the examination. The petitioner was issued a notice on 7.3.2003 to show cause as to why the increments be not stopped and the amount received under the increments be not recovered from him. The petitioner has now come to this Court, Inter alia, submitting that he made his best efforts to pass the examination but unfortunately could not. It is also submitted by him that after amendment of the rules he made an application to the State Government seeking exemption from passing the departmental examination and as the application for exemption was pending consideration, no orders could be passed against the interest of the petitioner.

(3.) The respondents in their counter-affidavit have submitted that after 1979 no increments would be given to the petitioner because he had not passed the departmental examination. It is also submitted by him that the petitioner might not have played any fraud or made misrepresentation but if he was not entitled to the increments he cannot swallow the public money. For the representation it is submitted that during the pendency of this writ application the same has been rejected.