TEK NARAYAN RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties. Learned counsel appearing for the petitioner submits that the petitioner was appointed on the post of Forest Guard in the year 1966. Subsequently, after attaining 50 years of age, he was promoted to the post of Forester on 18.6.1999, but the petitioner was not given annual increments for the reason that he has not cleared the examination of tribal language, though under Rule 5 of the Bihar Forest Rules, one who has crossed the age of 50 years has been exempted from taking examination of the tribal language and, therefore, the respondent-State can certainly be said to have illegally withheld the increments which the petitioner is entitled to get.

(2.) As against this, learned counsel for the respondents-State submits that the petitioner has based his prayer on the provision of the Bihar Forest Rules framed in the year 1953 which speaks about the necessity of passing the tribal language examination, but subsequently in the year 1955, that Rule has been amended, whereby the Forest Guard is not supposed to take examination of tribal language and under this situation, the department had written a letter to the Commissioner, North Chhotanagpur Division, Hazaribagh for granting exemption from taking examination of tribal language, if such application is made by the petitioner.

(3.) Having heard learned counsel appearing for the parties, it appears that the petitioner who was appointed in the year 1966 was promoted to the post of Forester on 18.6.1999 after attaining the age of 50 years on 18.1.1997. still the petitioner was not given annual increment on the plea of non-clearance of tribal language examination though as per Rule 5 of the Bihar Forest Rules, employee who has attained the age of 58 years is not required to take examination of tribal language. Moreover, that Rule, as per learned counsel for the respondent-State, has been amended in the year 1995, whereby the Forest Guard was not supposed to take examination of the tribal language.