M.Y.EQBAL,J. - (1.) IN this writ application the petitioner has prayed for issuance of a writ commanding upon the respondents not to recover the alleged excess payment from his salary on the ground of non -passing of Hindi Noting and Drafting Examination and further for a direction to release the annual increments which has been with held by the respondents.
(2.) PETITIONER 's case is that he is Junior Storekeeper (Super Selection Grade) at Transmission Central Store, Namkum, Ranchi. In 1968 the petitioner joined the service and from 1970 he started getting increments. However, all of a sudden in the table of fixation of pay scale prepared on 29.10.2003 the authority of the respondents has recommended for recovery of excess payment allegedly made to the petitioner by way of increments from 16.7.79 to 14.5.94 on account of non -passing of Hindi Noting and Drafting Examination. Petitioner's case is that he passed Hindi Noting and Drafting Examination on 29.81994 and before 1994 there was no such condition of service of passing Hindi Noting and Drafting Examination. In the counter affidavit filed by the respondents -Jharkhand State Electricity Board, it is stated that Bihar State Electricity Board (B.S.E.B.) adopted the Bihar Government Service (Hindi Examination Regulation, 1968 through its regulation No. 537 dated 16.7.1989 wherein there is requirement of the Board employees for passing Hindi Noting and Drafting Examination before getting any increment or promotion. It is stated that petitioner passed Hindi Noting and Drafting Examination in 1994 but he has received increment prior to passing of such examination. Hence, he was not entitled to increment and, therefore, recovery is sought to be made.
(3.) I have heard learned Counsel for the petitioner and the learned Counsel appearing for the J.S.E.B.;