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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 Jharkhand High Court had refused to confirm judicial officers (Civil Judges) who had passed their Judicial Academy training examination but had not passed a Hindi examination held by the Board of Revenue. The Supreme Court held that the 2004 Recruitment Rules, which explicitly repealed the 2001 Rules, do not require passing any Hindi examination as a condition for confirmation. While the 1963 Bihar Rules imposed such a requirement under the 2001 Rules, those rules cannot be read into the 2004 Rules once the latter were enacted in supersession. The Court allowed the appeal, entitling appellants to arrear increments and mandatory benefits from their appointment date, and to coverage under the old pension scheme.

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Judicial Service Recruitment Rules Confirmation of Probationers Pension Scheme State Reorganisation Statutory Interpretation Civil Procedure

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