TILAK DHARI SHARMA Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) AFTER having heard the learned counsel for the parties and going through the materials on record including the order impugned in this writ application, this application is being disposed/of at the time of admission itself. In this writ application, prayer of the petitioner is for, quashing the order dated 22.1.2001 whereby a direction has been issued for deduction of the amount from the salary already paid to the petitioner on account of non -passing of Hindi Noting and drafting examination. It has been repeteadly held by this Court that - there can not be any recovery of the amount which has already been paid to the employee on account of non -passing of Hindi Noting and drafting examination. However, the respondent -authority can refix the pay scale of such employee who has not passed such examination. In a similar situation, this Court while disposing of the writ application being CWJC No. 82.92 of 1996 with analogous case has observed as follows : - -

(2.) APPLICATION allowed.