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
- Whether the earlier Hindi departmental-examination requirement survived under the superseding 2004 judicial-service rules.
- Whether increments and mandatory benefits could be withheld pending that examination.
Provisions considered
- Rules 21(b) and 27, Jharkhand Judicial Service (Recruitment) Rules, 2004The superseding framework required successful completion of the prescribed academy examination for confirmation and repealed the 2001 rules. An unprescribed Revenue Department Hindi requirement could not be imported from the earlier regime. (¶¶ 1, 2, 3, 4, 7, 8, 21, 22, 23, 24)
Held
- The 2004 rules superseded the earlier framework, specifically repealed the 2001 rules and made the academy examination the prescribed condition for confirmation. The prior Bihar departmental-examination requirement could not be read into them. (¶¶ 21, 22)
- The High Court had not independently prescribed a fresh Hindi examination but had attempted to continue an earlier requirement through interpretation. That approach was unsustainable. (¶¶ 8, 23)
- A lawful Hindi-proficiency requirement could be introduced by rule amendment or prescribed examination. The decision did not bar such a future requirement; it rejected withholding the appellants’ accrued benefits on the existing unprescribed condition. (¶¶ 23, 24)
- The judgment allowed the appeal and directed payment of differential mandatory benefits. Its separate modification order of 14 May 2018 deleted paragraphs 25 and 26 and replaced paragraph 27 to expressly include increments in the benefits payable within three months. (¶¶ 27, 28, 14 May 2018 modification order)
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.