2025:JHHC:10468 1 C.M.P. No.516 of 2024 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No.516 of 2024 ----- Garib Harizan, aged about 54 years son of Lakhan Harizan, resident of village-Kanchanpur, P.S. Belwara, P.S. Belbedda, District-Godda, Jharkhand .......... Petitioner. -Versus- 1. The State of Jharkhand through the Secretary, Department of Finance, Government of Jharkhand, Ranchi. 2. The Deputy Commissioner, Godda. 3. The Sub-Divisional Officer, Gooda. 4. The District Panchayat Raj Officer, Godda. 5. The Block Development Officer, Pathargama, Godda. 6. The Block Development Officer, Basantrai, Godda. 7. The Block Development Officer, Poraiyahat, Godda. 8. The Block Development Officer, Boarijore, Godda. ........... Respondents ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Peeyush Krishna Choudhary, Advocate Mr. Amrit Anunay, Advocate For the O.Ps. : Mr. Indranil Bhaduri, S.C.-IV ----- Order No.07 Date: 04.04.2025 1. The present civil miscellaneous petition has been filed for modification of the order dated 19th March, 2024 passed by this Court in W.P.(S) No.4692 of 2022, whereby the said writ petition was allowed in favour of the petitioners of the said case except the petitioner no.2-Gaurishankar Chaudhary and petitioner no.5-Garib Harizan (petitioner in this case) on the basis of the statements made in the counter affidavit filed by the respondent nos.2 to 8 in the said case that they did not pass the ‘Hindi Noting and Drafting Examination’, however the real fact is that the present petitioner has already passed the said examination. 2025:JHHC:10468 2 C.M.P. No.516 of 2024 2. A counter affidavit has been filed on behalf of the respondent nos.2 to 8. 3. Mr. Indranil Bhaduri, learned S.C.-IV refers to paragraph nos.9 and 12 of the said counter affidavit which read as under : “9.That with regard to the statements made in Para 4 of the civil miscellaneous petition under reply, it is humbly stated and submitted that due to misconception, the answering opposite parties filed their counter affidavit stating that the petitioner has not passed the Hindi Examination. It is further mentioned that the B.D.O., Boarijore vide his Letter No.265/WI dated 28.02.2022 said that the petitioner Garib Harijan has passed out in Hindi Noting and Drafting Examination, but not passed in “Janajati Bhasha”. 12.That with regard to the statements made in Para 7 of the civil miscellaneous petition under reply, it is humbly stated and submitted that after re-verification of the facts, it is found that the petitioner is liable to be granted due increments as well as due MACP, hence due increments have been granted to the petitioner by the BDO, Boarijore vide his office Order No.21/2025 contained in Memo No.579 dated 22.03.2025.” 4. It has been admitted by the aforesaid respondents that due to misconception, it was wrongly mentioned in the counter affidavit filed in W.P.(S) No.4692 of 2022 that the petitioner had not passed the ‘Hindi Noting and Drafting Examination’. The said mistake subsequently came to light as the B.D.O., Boarijore vide his letter no.265 dated 28th February, 2022 mentioned that the petitioner had passed the said examination on 22nd January, 2018, rather had not passed the examination of “Janjati Bhasha”. Moreover, after re-verification of the facts, the petitioner was found entitled for grant of due annual increments as well as due MACP and permission was granted to pay arrears of all due annual increments since 22nd January, 2018 to him by the B.D.O., Boarijore vide his office order no.21 of 2025 dated 22nd March, 2025. Under the said circumstance, the respondent no.2 is directed to ensure that the admissible financial benefits to the petitioner against due annual 2025:JHHC:10468 3 C.M.P. No.516 of 2024 increments as well as due MACP as per his entitlement are paid to him within a period of four weeks from the date of receipt/production of a copy of this order. 5. Paragraphs nos.10 and 12 of the order dated 19th March, 2024 passed in W.P.(S) No.4692 of 2022 are, accordingly, modified. 6. The present civil miscellaneous petition stands disposed of. (Rajesh Shankar, J.) Rohit/