NARAYAN PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed on behalf of the sole petitioner for quashing the office orders as contained in Memo No. 1283 dated December 17, 1993 and Memo No. 783 dated July 5, 1994 as well as part of the Last Pay Certificate (LPC) sent vide Memo No. 904 dated August 4, 1994. True copies of the said memos have been annexed to the writ petition as an- nexures 1,2 and 3. The writ petition further seeks mandamus to the respondents not to deduct the amount said to have been illegally paid to the petitioner @ Rs. 1000/- per month with effect from July 16, 1979, as directed in the impugned orders. The relevant facts are as follows.

(2.) The State Government framed rules under Article 309 of the Constitution called Bihar Government Servants (Hindi Examination) Rules, 1968, which were notified on June 15, 1968 making it compulsory for the Government servants to pass Hindi Noting and Drafting Examination. As per the said rules those who do not pass the examination will not be entitled to annual increments etc. The Bihar State Electricity Board by Resolution No. 537 dated July 16, 1979 adopted the said rules making the same applicable with effect from July 16, 1979 except with respect to the person who had crossed 50 years or more of age.

(3.) The petitioner, who is Class-Ill employee of the Board, admittedly has not passed the Hindi Noting and Drafting Examination as yet. He has however been allowed increments from time to time between 1979 and 1993.