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. 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 reference of letter no. 1794 dated 04.04.2007 (came into force w.e.f. 01.04.2007) issued by the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi. However, so far as letter no. 11/2019-926/F dated 23.03.2021 issued under the signature of Joint Secretary, Department of Planning-cum-Finance, Government of Jharkhand to the District Accounts Officer, Deoghar is concerned, statement has been made in paragraph-14 of the said counter affidavit in following manner: “14. With regard to the statement made in paragraph-9 of the writ petition, it is stated and submitted that the Department of Planning and Finance, Government of Jharkhand, issued letter no. 11/2019-926/F dated 23.03.2021 addressing only to the District Accounts Officer, Deoghar and no copy of which has been forwarded to any other district of Jharkhand. It is beyond the jurisdiction of the answering respondents to accept the said letter and take necessary action accordingly. Therefore, till the specific direction of the State Government or copy of the aforesaid letter is received by the answering respondents, no action can be taken in this regard against the provisions of departmental examination rule framed by this State Government.” 4. Since the aforesaid statement made in paragraph-14 of the counter affidavit requires to be appropriately responded by the Department of Finance, Government of Jharkhand, let the Secretary of the said department file a supplementary counter affidavit within four weeks clarifying the aforesaid aspect. 5. Since the aforesaid statement made in paragraph-14 of the counter affidavit requires to be appropriately responded by the Department of Finance, Government of Jharkhand, let the Secretary of the said department file a supplementary counter affidavit within four weeks clarifying the aforesaid aspect. 5. Learned counsel for the petitioners prays for and is permitted to amend the description of the respondent no. 1 as “The State of Jharkhand, through Secretary, Department of Finance, Government of Jharkhand, Project Building, Dhurwa P.O. & P.S.- Jagannathpur, District- Ranchi”. 6. Necessary amendment in the cause title of the writ petition be made by the counsel for the petitioners in course of the day. 7. Put up this case under the heading “For Admission” on 23.01.2024.” 5. Pursuant to the said order, a supplementary counter affidavit has been filed on behalf of the respondent no. 1 on 19.01.2024 stating inter alia that decision regarding requirement of passing the Tribal Language Examination for a State Government employee is taken by the parent department of the cadre to which the concerned employee belongs in the light of orders/circulars/resolutions issued in this regard by the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand. The Department of Finance has no role in deciding about the departmental examination of any government employee which is not under its administrative control. 6. It has further been stated that the Department of Finance received a letter bearing No. 64 dated 07.03.2020 from the District Accounts Officer, Deoghar wherein a direction was sought with respect to pay verification of two Panchayat Secretaries who were extended the benefits of ACP/MACP without passing the Hindi Noting and Drafting Examination as well as Tribal Language Examination. The District Accounts Officer is the representative of the Finance Department in the district vested with the duty of pay verification of the government employees who belong to district/mufassil cadre and are posted in the concerned district. It is further submitted that on receipt of the aforesaid letter of the District Accounts Officer, Deoghar, the Finance Department wrote a letter bearing No. 1677 dated 04.09.2020 to the Department of Rural Development, Government of Jharkhand, which is the parent department of the Panchayat Secretaries, seeking information regarding the departmental examination required to be passed for grant of increment and regular promotion to the Panchayat Secretaries. In reply to the said letter of the Finance Department, the Department of Rural Development (Panchayati Raj), Government of Jharkhand, vide letter no. 2065 dated 16.12.2020 mentioned that in the Jharkhand Panchayat Secretary (Appointment, Service Condition and Duty) Rules (Amended), 2014 applicable to the Panchayat Secretaries, there is no separate provision with respect to passing the departmental examination, Hindi Noting and Drafting Examination and Tribal Language Examination, rather the directions issued in this regard from time to time by the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand shall be applicable and the said department has issued circular as contained in letter no. 4709 dated 13.08.2008 with respect to requirement of passing the Tribal Language Examination by non-gazetted employees of the State. As per Clause (Ka) of the said circular, there is no need for non-gazetted employees to pass the Tribal Language Examination for the purpose of promotion on the higher post. Moreover, an opinion was also sought in a similar matter from the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand regarding requirement of passing Tribal Language Examination in which it was opined that until otherwise provided in the service rules of any service/cadre, there is no compulsion of passing Tribal Language Examination by a non-gazetted employee. After receiving the response from the Department of Rural Development (Panchayati Raj), Government of Jharkhand i.e., the parent department of the Panchayat Secretaries vide aforesaid letter as well as in view of the circular issued by the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand dated 13.08.2008, the Finance Department has merely forwarded the provisions relating to passing of Hindi Noting and Drafting Examination as well as Tribal Language to the District Accounts Officer, Deoghar vide letter no. 926 dated 23.03.2021 (Annexure-2 to the writ petition). 7. On consideration of the aforesaid statements made in the supplementary counter affidavit filed on behalf of the respondent no. 1, it would be evident that there is no requirement of passing the Tribal Language Examination by the Panchayat Secretaries, who are the non-gazetted employees. 8. So far as the issue with respect to passing of the Hindi Noting and Drafting Examination is concerned, while interpreting the departmental circular as contained in letter no. 1, it would be evident that there is no requirement of passing the Tribal Language Examination by the Panchayat Secretaries, who are the non-gazetted employees. 8. So far as the issue with respect to passing of the Hindi Noting and Drafting Examination is concerned, while interpreting the departmental circular as contained in letter no. 11691 dated 09.11.1983 issued by the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Bihar, this Court, vide order dated 05.12.2023 passed in W.P.(S) No. 2329 of 2022 [Narayan Singh Vs. The State of Jharkhand & Ors.] has held that the exemption from passing of departmental examination such as, Hindi Noting and Drafting Examination is not automatic, rather there has to be an order to that effect and the said exemption is to be made effective from the date of passing of the order. As per the said letter dated 09.11.1983, the exemption from passing the departmental examination cannot be claimed as a matter of right by any government servant, rather the exemption can be made by the competent authority to only those government servants whose service books have no adverse remarks regarding their character, their work performances are found satisfactory, no departmental/ disciplinary proceeding are pending against them and no punishment has been imposed upon them during service period. It has also been provided inter alia that exemption will be granted after attaining the age of 50 years to only those government servants who have continuously participated in the departmental examination but have failed or have not been able to participate in the same due to official reasons. 9. Further, Circular No. 11691 dated 09.11.1983 has been amended vide letter no. 4674 dated 15.05.1992 and the same is still in vogue. The relevant part of the said letter is reproduced hereinbelow: 1. The exemption from passing of departmental examination will be given to only those gazetted/non-gazetted employees who have completed 50 years of service. 2. The exemption shall be made effective from the date of order. 3. Exemption shall be granted to only those government servants who continuously participated in the examination but failed or they could not participate in the departmental examination due to official reasons or no departmental examination has been conducted during last five years prior to completion of 50 years by the Government Servant. 4. It should be kept in mind that such examination does not affect the work efficiency. 4. It should be kept in mind that such examination does not affect the work efficiency. As such, the exemption shall be granted to only those government employees whose service books have no adverse remarks regarding their character, their work performances are satisfactory, no departmental or disciplinary proceeding is pending against them and they have not been punished during their service tenure. 5. The right of giving exemption from passing departmental examination will be optional and not mandatory. 6. The approval of exemption shall be granted by the order of the departmental secretary and in relation to the government servants working in Muffasil Offices, the order of exemption shall be passed with the approval of the Divisional Commissioner. 7. No consent is required from the Personnel and Administrative Reforms Department, before passing the order of exemption. 10. Since the respondent nos. 2 to 8 in their counter affidavit have admitted that the petitioners, except the petitioner nos. 2 and 5, have already passed the Hindi Noting and Drafting Examination, this Court is of the view that they are entitled for grant of due increments as well as ACP/MACP as per their entitlement. 11. Accordingly, the respondents are directed to take up the cases of the petitioners except the petitioner nos. 2 and 5 and to extend them the benefit of due increments as well as MACP as per their entitlement and also to pay the arrears of salary accruing in their favour. The said exercise is to be completed by the concerned respondent within 12 weeks from the date of receipt/production of a copy of this order. 12. It is made clear that since the petitioner nos. 2 and 5 have not yet passed the Hindi Noting and Drafting Examination, they are not entitled for the said benefit for the present. 13. The writ petition is disposed of with aforesaid observation and direction.