Regional language proficiency is not mandatory for non-gazetted employees. Conversely, exemptions from departmental administrative examinations are not automatic and require formal approval from the competent authority based on an evaluation of the employee's service record and performance.

JUDGMENT :

The petitioners, who are working as Panchayat Secretaries in different blocks of Godda district, have prayed for directing the respondents to grant them due increment from the date they have passed ‘Hindi Typing Examination’ and thereafter to extend them the benefit of M.A.C.P. as per their entitlement and to pay arrears of salary accruing in their favour

2. Learned counsel for the petitioners submits that the petitioners are working as Panchayat Secretaries in different blocks of Godda district as has been mentioned in paragraph no. 6 of the writ petition. Learned counsel for the petitioners refers to paragraph no. 7 of the writ petition and submits that all the petitioners have passed Hindi Typing Examination and, therefore, they are entitled to get due increments as well as the benefits arising therefrom and MACP, however, they have not been given the same on the ground that they have not passed Tribal Language Examination. It has further been submitted that the petitioners being non-gazetted employees are not required to pass the Tribal Language Examination and hence, they deserve to be extended the benefit of increments and MACP after passing ‘Hindi Typing Examination’.

3. A counter affidavit dated 01.12.2023 has been filed on behalf of the respondent nos. 2 to 8, sworn by the respondent no. 3 – the Sub-Divisional Officer, Godda. It has been stated in paragraph no. 12 of the said counter affidavit that as per letter no. 1794 dated 04.04.2007 issued by the Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi, it is essential for non-gazetted employees to pass at least one Tribal Language Examination which the petitioners have not passed. However, the petitioners, except the petitioner no. 2 – Gaurishankar Chaudhary and the petitioner no. 5 – Garib Harizan, have already passed the Hindi Noting and Drafting Examination.

4. The writ petition was earlier taken up on 06.12.2023 and on the said date, following order was passed:

“1. The petitioners, who are working as Panchayat Secretary in different Blocks of Godda district, have prayed for directing the respondents to grant them due increment from the date they have passed ‘Hindi Noting Drafting Examination’ and thereafter to grant them the benefit of M.A.C.P. as per their entitlement and to pay arrears of salary accruing in their favour.

2. Learned counsel for the petitioners, in course of argument, puts reliance on letter no. 926 dated 23.03.2021 (Annexure-2 to the writ petition) issued under the signature of the Joint Secretary, Department of Planning-cum-Finance, Government of Jharkhand to the District Accounts Officer, Deoghar communicating the opinion of the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, according to which “ ” and the provisions made in circular no. 39 dated 06.07.2001 issued by the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand will be applicable regarding ‘Hindi Noting-Drafting Examination’ and that there is no compulsion of passing examination in tribal language by the non-gazetted employees of any service/cadre after issuance of letter no. 4709 dated 13.08.2008 by the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand unless otherwise provided.

3. A counter affidavit has been filed on behalf of the respondent nos. 2 to 8 sworn by Mr. Baidyanath Oraon- the Sub-Divisional Officer, Godda (the respondent no. 3) giving refere