The main legal point established in the judgment is that the petitioner's claim for exemption under Rule 10 of the Maharashtra Civil Services Rules, 1991, was not substantiated, and the recovery of withheld increments by the respondent No.3 was justified as the interim relief granted by the court was subject to the final outcome of the writ petition.

R.D. Dhanuka, J.

1. By this petition filed under Article 226 of the Constitution of India, petitioner seeks Writ of Certiorari, interalia, for quashing and setting aside the impugned order dated 18th May 2002 passed by the Desk Officer, Rural Development and Water Conservation Department, Mantralaya, Mumbai, 400 032, rejecting the proposal submitted by the Chief Executive Officer, Zilla Parishad, Jalna, for granting exemption under Rule 10 of the Maharashtra Civil Services (Compulsory Marathi Shorthand and Marathi Typing Examinations for English Stenographers and English Typists) Rules, 1991, (for short “The said Rules”) to the petitioner from passing the Marathi Shorthand Examination. The petitioner also seeks an order and direction against respondent No.2 i.e. the Secretary, Rural “Development and Water Conservation Department, Mantralaya, Mumbai, to consider the proposal submitted by the Zilla Parishad, vide letter dated 12th February 2002, and to grant exemption to the petitioner from passing Marathi Shorthand Examination under Rule 10 of the said Rules.

2. Some of the relevant facts for the purpose of deciding this petition are as under: The date of birth of the petitioner is 7th June 1959. He completed the Trade Test in the Trade of Stenography English 40/80 words per minute on 19th July 1981.

3. It is the case of the petitioner that the Zilla Parishad, Jalna, had made a requisition with Employment Exchange for filling of various posts. The name of the petitioner was sponsored by the Employment Exchange to the Chief Executive Officer, Zilla Parishad, Jalna, for the post of Steno Typist. The petitioner was interviewed and was selected by respondent No.3 as a Steno-Typist with an appointment order dated 23rd September 1982. The State of Maharashtra has framed Recruitment Rules i.e. “Maharashtra Zilla Parishads District Services (Recruitment) Rules, 1967”, for the purpose of appointment of staff on the establishment of Zilla Parishad. Rule 5 of the said Rules of 1967 provides for method of appointment including the qualification and other requirements. Under the Appointment Rules, the prescribed qualification for the post of Steno-Typist was Secondary School Certificate or any equivalent Examination and that candidate shall possess certificate of speed of not less than 80 words per minute in English or Marathi Shorthand and not less than 40 W.P.M. In English Typewriting and 30 W.P.M. in Marathi Typewriting.

4. The petitioner was confirmed on the initial post held by him under an order dated 16th May 1995 issued by the Zilla Parishad.

5. Sometime in the year 1991, the State of Maharashtra framed the said Rules. Rule 4 of the said Rules provides for the period for passing examination. Rule 4(i), which applies to the facts of this case, is reproduced as under:

“4. Period for passing examination (i) The English Stenographer or English Typist, who has passed the Secondary School Certificate Examination with Marathi (Higher Standard) as the first language,

(a) who are already in the service of the Government on the commencement date, shall pass the examination prescribed in Rule 3 within four years from the commencement date;

(b) who are recruited after the commencement date, shall pass the examination prescribed in Rule 3 within four years from the date of joining the Government service.”

6. Rule 4(ii) is relied upon by the petitioner during the course of his argument and is accordingly reproduced as under:

“(ii) The English Stenographer or English Typist who has passed the Secondary School Certificate Examination but not with Marathi (Higher Standard) as the first language.

(a) who are already in the service of the Government on the commencement date, shall pass the examination prescribed in Rule 3 within six years from the commencement date;

(b) who are recruited after the commencement date, shall pass the examination prescribed in Rule 3 within four years from the date joining the Government service.”

7. Rule 8 of the said Rules