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Supreme Court of India 2018-05-11 allowed

Ashok Kumar & Ors vs State of Jharkhand & Ors

Bench: 2 — Sanjay Kishan Kaul

In Brief

The Supreme Court allowed an appeal by judicial service officers who were denied confirmation and increments for failing to pass a Hindi examination. The Court held that the 2004 Jharkhand Judicial Service Rules, which superseded the 2001 Rules, do not require a Hindi examination for confirmation—only the Judicial Academy examination is mandatory. The earlier 1963 Bihar Rules, which had required Hindi proficiency, cannot be read into the 2004 Rules. Although appellants later passed the Hindi test, they were entitled to increments for the interim period. The Court also ruled that appellants appointed in 2011 remained covered under the old pension scheme, not the new contributory scheme.

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Constitutional Law Judicial Service Recruitment Rules Pension State Reorganisation

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