IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.1014 of 2010
In
CWJC No. 3476 of 2010
With
I.A. No. 5549 of 2010
================================================
1. Gandak Command Area Development Agency, Muzaffarpur
through its Secretary,
2. The Secretary, Gandak Command Area Development Agency,
Siwan
3. The Executive Engineer, Gandak Command Area Development
Agency, Siwan ............................................... Appellants
Versus
1. The State of Bihar through the Finance Secretary, Department of
Finance, Government of Bihar, Patna (Respondent No. 4)
....................... Respondent 1st Set
2. Ram Chandra Ram, S/o Late Singhasan Ram, R/o Vill - Garar,
P.S. Andar, Distt - Siwan (Petitioner) ............Respondent 2nd Set
............................ Respondents.
================================================
Appearance:
For the appellants: Mr Ishwari Singh, Advocate.
For the respondent no.1: Mr Chandra Shekhar Singh,AC to GA VII.
===============================================
CORAM: HONOURABLE THE CHIEF JUSTICE
AND
HONOURABLE MR JUSTICE JYOTI SARAN
ORAL ORDER
(Per : HONOURABLE THE CHIEF JUSTICE)
3. 08.09.2010. Heard the learned Advocates.
Though served, respondent no. 2 has not entered
appearance.
Re. I.A. No. 5549 of 2010.
This application under Section 5 of the
Limitation Act is filed by the appellants for condonation of
2
delay of 33 days occurred in filing the Letters Patent
Appeal.
On the facts and in the circumstances of the case,
the delay is condoned.
The Interlocutory Application stands disposed of.
Re. LPA No. 1014 of 2010.
This Appeal preferred under Clause 10 of the
Letters Patent arises from the order dated 18.03.2010 made
by the learned single Judge in the above CWJC No. 3476
of 2010.
The matter at issue is whether the respondent no.
2-writ petitioner, an Amin in the Gandak Area
Development Agency, is required to pass the examination
in Hindi language; whether on failure of the writ petitioner
to pass such examination he would lose right to annual
increment and whether on passing the examination he will
have right to remittance of the increments withheld.
It is admitted that the State Government has
issued circular that Amins are not required to make noting
and drafting. Hence, they are not required to pass the Hindi
language examination. Besides, the writ petitioner has
passed Seventh Standard Examination with Hindi as one of
the subjects. The mother tongue of the writ petitioner is
also Hindi.
In above view of the matter, we find that the
learned single Judge has rightly allowed the Writ Petition
and rightly restrained the appellant-agency from recovering
the amount of increments paid to the writ petitioner.
For the aforesaid reason, the Letters Patent
3
Appeal is dismissed in limine.
( R.M. Doshit, CJ )
( Jyoti Saran, J )
Dilip