JUDGMENT Mukhopadhaya, J. - The petitioner has filed the present writ petition for a direction to the respondents to provide the petitioner with the revised post retirement benefits in terms with the Government order dated 3rd February, 1984 (annexure-1). In effect it has been prayed for release of the increments with effect from 14th June, 1975, fixation of pay on release of such increments, and fixation of post retirement benefits on that basis. 2. The petitioner was appointed as Junior Engineer on 29th May, 1953. He was then promoted to superior post of Assistant Engineer in the year 1975. The petitioner superannuated from the services of the respondents-State on 31st January, 1990. 3. According to the respondents, in terms with the Govt. circular, the petitioner was required to pass Hindi noting and drafting examination for release of year to year increment. The petitioner having not passed the requisite departmental Hindi noting and drafting examination, the increment which was due to the petitioner since 14th June, 1975 was not released. The petitioner was paid the salary without release of such increments till the date of superannuation, by the date the petitioner having not passed such examination. Counsel for the respondents states that in the aforesaid background, the post retirement benefit has been calculated and paid to the petitioner on the basis of last pay drawn by the petitioner. 4. I n the writ petition it has been stated that the state Government by virtue of its circular no. 3965 dated 26th February, 1969 laid down a guideline that a person who attains the age of 50 years, for the purpose of promotion to the higher post, exemption should be granted in his favour from passing the requisite Hindi noting and drafting examination. It is stated that such a decision of the State Government was repeated in State Government Circular no. 2334 dated 3rd February, 1984 and thereafter when the petitioner represented the matter, the respondents have come out with one order on 24th May, 1990 (after his retirement) exempting the petitioner from passing such examination, but with effect from 3rd February, 1984 and not with effect from 14th June, 1975 when first increment of the petitioner was withheld. 5.
2334 dated 3rd February, 1984 and thereafter when the petitioner represented the matter, the respondents have come out with one order on 24th May, 1990 (after his retirement) exempting the petitioner from passing such examination, but with effect from 3rd February, 1984 and not with effect from 14th June, 1975 when first increment of the petitioner was withheld. 5. According to the counsel for the respondents, the circular dated 3rd February, 1984 having given effect on the said date, the exemption has been allowed in favour of the petitioner from 3rd February, 1984. It has further been submitted that the petitioner having not given the detail with regard to failure after appearing in such examination, the advantage of 1969 resolution cannot be given to the petitioner. 6. Circular which was issued in the year 1969 has not been enclosed by the parties in the writ petition. In absence of such circular no specific finding can be given by this court. However, so far as exemption is concerned, it was for the respondents to decide as to whether such exemption is to be granted in favour of one employee or not. In the present case, exemption having been granted by the respondents in favour of the petitioner with effect from 3rd February, 1984 vide memo dated 24th May, 1990, according to this court, the petitioner is entitled for release of increment from 3rd February, 1984• onwards till the date petitioner retired from the services. While releasing such increments though the petitioner will not be entitled for arrears for the period from 15th June, 1975 to 15th June, 1983 but proper fixation is to be Dade in favour of the petitioner after release of such increment. The Petitioner will be entitled for arrears on such increment from 14th June, 1984. The respondents are also duty bound to re-fix the post retirement benefits of the petitioner including the pension, gratuity and leave encashment after re-fixation of pay of the petitioner on release of such increment from 14th June, 1984. 7. Accordingly the respondents are directed to take appropriate steps in accordance with law and the decision given above. Whatever the consequential benefits there, the petitioner will be entitled to such benefits including the arrears which should be given in favour of the petitioner within six months from the date of receipt/production of a copy of this order. 8.
7. Accordingly the respondents are directed to take appropriate steps in accordance with law and the decision given above. Whatever the consequential benefits there, the petitioner will be entitled to such benefits including the arrears which should be given in favour of the petitioner within six months from the date of receipt/production of a copy of this order. 8. This writ petition is disposed of with the aforesaid observation/direction.