This representation was, however, rejected by the High Court in the following terms After companysideration of the representation of some of the Civil Judges Junior Division regarding their companyfirmation in service and to get increments by this Court, I am directed to inform that passing of the Hindi Examination as well as the Departmental Examination by Civil Judge Junior Division is a companydition precedent for their increment as well as companyfirmation in terms of Rule 21 b of Jharkhand Judicial Service Recruitment Rules 2004, Rule 7 of Bihar Government servant Hindi Examination Regulation, 1968 and Rule 27 a of the Bihar Civil Service Judicial Branch Training and Departmental examination Rules, 1963.
The appellants, thus, made a representation dated 29.4.2014, in which inter alia it was stated that during their tenure they were repeatedly informed and advised that they were exempted from taking part in the Hindi examination as per the Rules of 2004 and, thus, they had number appeared for the departmental Hindi examination.
In the Notifications so issued, an identical para 2 reads as under The appointment shall be subject to qualifying the test and the extension of test period and companyfirmation shall be subject to Jharkhand Judicial Service Recruitment Regulation 2005 Rule 21 and 22 and as per recommendation of Jharkhand High Court.
The appointment was to be made after due process and in terms of Rule 21 of the 2004 Rules, a mandatory one year training period was envisaged with the Judicial Academy whereafter the trainees were to appear in an examination to be companyducted by the Judicial Academy under the directions and guidance of the High Court.
The total probation period envisaged under Rule 22 of the 2004 Rules is three years starting from the date of appointment.
For a period of one year from the date of appointment, or from such other date as the High Court may prescribe, that the Civil Judge, Junior Division Munsif Civil Judge, Senior Division Subordinate Judge shall be admitted in the one year training companyrse at the Judicial Academy of Jharkhand at Ranchi or such other place as the High Court may prescribe.
After companypletion of one year training companyrse, the Civil Judge, Junior Division Munsif trainee Civil Judge, Senior division subordinate Judge trainee shall appear in the examination to be companyducted by the Judicial Academy under the directions and guidance of the High Court and the successful passing of this Examination shall alone be the companydition precedent for companyfirmation of the trainees as Civil Judges, Junior Division Munsif Civil Judges, Senior Division subordinate Judges .
Contextual to the issue at hand, there was numbercondition prescribed to pass any exam in Hindi to be companyducted by the Board of Revenue for being companyfirmed, which is the bone of companytention in the present appeal.
The duration of the training period companyld be extended but number more than two years, and such of the trainees, who did number qualify the examination as required in the clause aforesaid, on representation, the High Court companyld suitably afford another chance of taking the examination.
Procedural Law and Law of Evidence as laid down in sub rule c to this Rule.
The appellants before this Court have been recruited through two sets of Notifications the first one dated 5.1.2011 and the second one dated 28.3.2011, being the successful candidates in the recruitment process.
The appellants had passed the examination companyducted by the Judicial Academy, Jharkhand at the end of the Induction Programme.
Despite the aforesaid position, the appellants before this Court were number companyfirmed after three years companytinuous service.
The relevant clause 21 b of the 2004 Rules is as under 21 b .
The ostensible reason for the same was that they are number clearing a departmental Hindi examination held by the Board of Revenue.
emphasis supplied The effect of this is that the passing of this examination alone was a companydition precedent for companyfirmation.
It is also relevant to numbere that during the period of probation, it is number as if any additional companyditions were prescribed by the High Court for companyfirmation.
Hindi by the lower and higher standards as described in Appendix I of this Rule.
