VidhiSangh

Supreme Court of India · 11/05/2018

ASHOK KUMAR & ORS. versus THE STATE OF JHARKHAND & ORS.

[2018] 7 S.C.R. 755 · 2018 INSC 495

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court held that Jharkhand’s 2004 judicial-service rules did not require the appellants to pass the Revenue Department’s higher-grade Hindi examination for confirmation and increments. Earlier rules could not be imported after supersession, and no fresh examination requirement had been prescribed. The appeal was allowed. A separate 14 May 2018 order deleted this judgment’s pension paragraphs 25–26 and clarified payment of differential mandatory benefits, including increments, within three months.

Issues

  1. Whether the earlier Hindi departmental-examination requirement survived under the superseding 2004 judicial-service rules.
  2. Whether increments and mandatory benefits could be withheld pending that examination.

Provisions considered

Held

Result

Appeal allowed; parties to bear their own costs. Read with the 14 May 2018 modification: pension paragraphs 25–26 deleted and differential mandatory benefits, including increments, payable within three months from the date of the order.

Judgment PDF: Supreme Court of India, [2018] 7 S.C.R. 755.