JAMUNA PRASAD SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed by the petitioner praying for quashing Annexure-1 which is dated 9-9-1995 whereby the petitioner's pay scale has been rdduced for not passing the Hindi Nothing and Drafting Examination. In the said communication there is also a dhection for recovery of the amount of increment which the petitioner has received prior to passing of the said examination. The said communication has been challenged, inter alia, on the ground that there is no jurisdiction of the authorities in directing the recovery of the amount of increment which has paid to the petitioner without giving the petitioner an opportunity of hearing, it is also stated that the recovery of the amount is not tenable in the eye of law as the same is not made part of Annexurc-2 the circular dated 16th July, 1979 on the basis of which the impugned order has been passed.

(2.) From a perusal of the said circular dated 16th July, 1979 it appears that by the said circular the Board resolved to adopt the Bihar Government Servant's Hindi Examination Rules, 1968, and under the said circular it has also been made clear that the said circular has been published in the Bihar Gazette and ihe same will be circulated to the employees concerned for the purpose of passing the Hindi Noting and Drafting Examination.

(3.) The admitted position is that without passing the said Hindi Noting and Drafting Examination. The petitioner is enjoying the increment of scale which is only available after passing the said exammation. The case of the petitioner is that he passed the examination on 18-7-1993. The petitioner's main grievance against the impugned order dated 9-9-19% is that the increment enjoyed by the petitioner prior to passing the said examination has been withheld and money received during this period is directed to be recovered.