Advocates:
['RITU KUMAR', '', 'SAMAVESH BHANJ DEO', 'ANIL KUMAR SINGH', 'SHATAKSHI', 'VIKASH KUMAR', 'JAI PRAKASH', 'A A G']

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P. (S) No. 6525 of 2017

Shashi Kant Pandey

…

Petitioner

Vs.

1.

The State of Jharkhand

2.

The Principal Secretary, Water Resources Department, Government of

Jharkhand, Ranchi, Project Bhawan, Dhurwa, Ranchi

3.

The Principal Secretary, Personnel, Administrative Reforms and Rajbhasa

Department, Government of Jharkhand, Project Bhawan, Dhurwa, Ranchi

4.

The Chief Engineer, Water Resources Department, Deoghar,

5.

The Executive Engineer, Punasi Spilway Division, Punasi, Deoghar

6.

The District Accounts Officer, Deoghar

…

Respondents

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CORAM:

THE HON'BLE MR. JUSTICE DR. S.N.PATHAK

(Through: Video Conferencing)

For the Petitioners : Mrs. Ritu Kumar, Advocate

For the Respondents

: Mr. Rohit, AC to AAG-I

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05/ 28.07.2021 The Petitioner has approached this Court with a prayer for quashing of

office order contained in Memo No. 398 dated 06.11.2017 (Annexure-8) issued under

the signature of the Executive Engineer, Punasi Spilway Division, Punasi, Camp

Deoghar whereby the petitioner was informed that the payment of Rs.92,786/- made

towards annual increment from 01.07.2013 to 31.10.2017 will be recovered in 24

installments of Rs.3866/- per month since the petitioner has not passed tribal language

examination though he has passed the Hindi Noting and Drafting Examination,

without following the principles of natural justice. Further, prayer has been made for

quashing of the letter contained in Memo No. 1684 dated 24.10.2017 (Annexure-7)

written by the Chief Engineer, Water Resources Department, Deoghar, directing the

Executive Engineer, Punasi Spilway Division that the pay of the petitioner along with

others (clerks of regional offices ) be corrected in the light of the clause 6 of the

Notification contained in Memo No.1749 dated 27.03.2010 (Annexure-9), whereby

and whereunder it has been laid down that an employee would be entitled for the

second annual increment only after passing the tribal language examination.

The case of the petitioner lies in a narrow compass. The petitioner was

working on daily wages against a sanctioned and vacant post of Pump Operator in

Minor Irrigation Sub Division, Deoghar from 01.01.1980 continuously without any

break. The services of the petitioner along with others were regularized vide office

order contained n Memo No. 626 dated 16.03.2011 pursuant to the order of Hon’ble

Apex Court to the post of Correspondent Clerk (Lower Division Clerk) on the

recommendation of a duly constituted Establishment Committee and petitioner got his

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posting at Chaibasa. Then, he was transferred from Chaibasa to Deoghar in the year,

2012 and was working to the satisfaction of all the concerned and no complaint of any

kind was ever been made against him. It is specific case of the petitioner that he

passed the Hindi Noting and Drafting Examination in the year, 2011 itself. On

completion of three years of regular service, the services of the petitioner along with

others were confirmed vide Order No. 45 contained in Memo No. 828 dated

19.05.2017, wherein the name of petitioner finds place at Sr. No.7 and the date of

confirmation was 22.03.2014. The petitioner was granted the annual increment @ 3 %

of his basic pay from the year, 2012 to 2017 vide office order contained in memo Nos.

509 dated 25.09.2012, 370 dated 27.07.2013, 421 dated 18.09.2014, 388 dated

27.07.2015, 308 dated 25.07.2016 and 257 dated 08.07.2017.

It is further the case of the petitioner that the District Accounts Officer,

Deoghar vide letter contained in Memo No.917 dated 06.09.2017 returned the service

book of the petitioner along with the Statement of fixation of pay of the petitioner to

the Executive Engineer, Punasi Spilway Division, Camp Deoghar with an objection

that Clause 6 of the Notification contained in Memo No. 1749 da