SIDHESHWAR NATH PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner retired from the services of the respondents while serving on the post of Assistant Research Officer with effect from 31.5.2004. It is admitted position that the petitioner was provided 90% pension, 90% gratuity and other retiral benefits. THE petitioner came before this Court by way of present writ petition for payment of his balance amount of pension, gratuity, increments with effect from 1993 and re-fixation of his pension, gratuity and arrears thereof after taking into account the increments to which he was entitled.

(2.) DURING the pendency of the writ petition an order was passed under the signature of the Additional Secretary, Government of Bihar, Department of Water Resources bearing Memo No. 4194 dated 21.10.2005 brought on record by way of Annexure-A to the counter affidavit filed on behalf of respondents 1 to 5 whereby the respondents had inter alia disallowed the benefit of first and second time bound promotion to the petitioner by reason of his non-passing of the Hindi Noting and Drafting Examination since after his regular appointment on the post of Research Assistant on 2.9.1965. In the same order it was also decided that the petitioner would also not be entitled to any increments after 1993 and that the increments granted to him were illegal and would be recovered from his retiral benefits. The details of the excess payment made to the petitioner has been brought on record by way of Annexure-1/2 to the supplementary counter affidavit filed on behalf of the respondent No. 5 and whereby a sum of Rs. 2,71,359/- is said to be excessively paid to the petitioner.

(3.) THE entire dispute revolves around the issue as to whether passing of the Hindi Noting and Drafting Examination by the petitioner on 30.8.1964 during the period of his service in the work charge establishment under the respondents on the post of General Research Assistant, would be treated as fulfilment of the condition and requirement of passing the said examination in terms of Hindi Examination Rules, 1988 (hereinafter referred to as the Rules). THE said Rules have been brought on record by way of Annexure-8 series to the interlocutory application. It is an admitted position that the petitioner did appear and pass the Hindi Noting and Drafting Examination on 30.8.1964 while serving in the work charge establishment under the respondents. THE only dispute raised by the respondents is that since after his appointment in the regular establishment on 2.9.1965 while serving in the work charge establishment, the petitioner ought to have appeared in the Hindi Noting and Drafting Examination afresh, notwithstanding he had already appeared and passed the same on 30.8.1964 while serving in the work charge establishment. It is indisputed that there was no break in service.