S.N.MISRA, J. - (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 : - - "The controversy involved in these writ petitions thus appears to be settled by the said Bench decision of this Court. Following the said decision, I would dispose of these petitioners with a direction that no recovery shall be made from the salary of the serving employees and, in cases of those, who have already superannuated, from their retrial dues of the excess amount already paid to them. The Board however will be entitled to refix the pay in cases where the concerned employees have failed to pass the examination till date. It may be mentioned here that in the case of Narayan Praaad Singh v. State of Bihar, (supra) this Court had observed that the stoppage of annual increment is not cumulative in effect. No sooner the person passed the examination, he becomes entitled to the increment as it the stoppage of increment had never taken places, and also entitled to all consequential benefits. These observations were notices and CWJC No. 476 of 200 lap -proved by the Division Bench in the case of Vijay Bahadur and others, (supra). Thus, where the persons concerned are still in the service of the Board but have not passed the examination till date, in their cases the Board will be entitled to refix their pay withdrawing the benefits of the annual increments earlier allowed to them but. without making any recovery of the excess amount. However, no sooner they pass the examination then they will be entitled the monetary benefits of such increments alongwith arrears, if any." Accordingly, the order as contained in Annexure -2 passed by the respondent authority is hereby quashed and this writ application is allowed. However, the respondent authority will be at liberty to refix the pay scale of the petitioner in the light of the observation In the aforesaid writ application, Having regard to the fact that the order contained in Annexure -2 has been quashed, the respondent -authority are restrained from recovering the amount from the salary of the petitioner on the ground of having not passed the Hindi noting and drafting examination. This writ application is allowed to a the extent indicated above.
(2.) APPLICATION allowed.;