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Surendra Kumar Gupta vs State Of Jharkhand on 4 July, 2022

The issue regarding passing of Hindi Noting and Drafting Examination of the employees in view of notification dated 03.11.2014, fell for consideration before this Court in case of Mrs. Papiya Mukherjee & Ors. Vs. State of Jharkhand & Ors. (supra) and this Court, after hearing the counsel for the parties, was pleased to quash the notification itself. The State has tried to impress upon the Court that only 10 posts have been excluded from passing the Hindi Noting and Drafting examination and the post held by petitioner has not been included in the said notification. From a bare perusal of the notification, it is clear that the same is regarding Nursing cadre. It is surprising that even after repeated orders of this Court, the State has not come-out with any notification to the effect that the pharmacists along with 17 other cadres, which were part of the aforesaid notification and which was subsequently quashed by this Court, have been exempted from passing of the Hindi Noting and Drafting Examination. It is a well settled law that any order visiting civil consequences cannot be passed without affording opportunity of hearing to the employee. In the instant case, from the records of the case, it is crystal clear that the order of recovery was passed without affording opportunity to the petitioner to be heard.
Jharkhand High Court Cites 2 - Cited by 0 - S N Pathak - Full Document

Rabinder Kumar vs The State Of Jharkhand on 31 August, 2024

6. The issue regarding passing of Hindi Noting and Drafting 3 Examination of the employees in view of the notification dated 03.11.2014 fell consideration before this Court in the case of "Mrs. Papiya Mukherjee & Ors. Vs. State of Jharkhand & Ors" in W.P.(S) No. 1560/2014 and the said has already been quashed by the Coordinate Bench. As such ground of taking away promotion as well as recovery of the increment is not sustainable. Further in the counter-affidavit the State has tried to improve the case by way of saying that the petitioner has never appeared in the examination and it is not technical post that reason is not assigned in the impugned order.
Jharkhand High Court Cites 4 - Cited by 0 - S K Dwivedi - Full Document
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