Bihar State Text Book Workers Union Vs. State of Bihar & Anr.
EmailAppeal: Civil Appeal No. 5100 of 2013
[Arising out of SLP (C) No. 36341 of 2011]
[From the Judgement and Order dated 11.08.2011 of the High Court of Judicature at Patna in L.P.A. No. 1327 of 2010]
[Arising out of SLP (C) No. 36341 of 2011]
[From the Judgement and Order dated 11.08.2011 of the High Court of Judicature at Patna in L.P.A. No. 1327 of 2010]
Petitioner: Bihar State Text Book Workers Union
Respondent: State of Bihar & Anr.
Apeal: Civil Appeal No. 5100 of 2013
[Arising out of SLP (C) No. 36341 of 2011]
[From the Judgement and Order dated 11.08.2011 of the High Court of Judicature at Patna in L.P.A. No. 1327 of 2010]
[Arising out of SLP (C) No. 36341 of 2011]
[From the Judgement and Order dated 11.08.2011 of the High Court of Judicature at Patna in L.P.A. No. 1327 of 2010]
Judges: Dr. B.S. Chauhan & S.A. Bobde, JJ.
Date of Judgment: Jul 08, 2013
Appearances:
Appearances
Mr. M.P. Jha, Mr. Ram Ekbal Roy, Mr. Harshvardhan Jha, Advocates, for the Appellant.
Mr. Gopal Singh, Mr. Manish Kumar, Advocates, for the Respondents.
Mr. M.P. Jha, Mr. Ram Ekbal Roy, Mr. Harshvardhan Jha, Advocates, for the Appellant.
Mr. Gopal Singh, Mr. Manish Kumar, Advocates, for the Respondents.
Head Note:
SERVICE AND LABOUR LAWS
Constitution of India, 1950
Articles 14, 16, 226 – Promotions – Helpers in Bihar State Text Book Publishing Corporation – Serving for over 20 years – Promotion to post of Operatives – Under orders of High Court, Departmental Promotion Committee to consider the case for promotion – Said order set aside by Division Bench – Contention that helpers were not entitled to promotion being non-matriculates. On appeal, held that for post of Operatives, qualification of matriculate is not a requirement, nor it was prescribed in advertisement or any statutory Rules. Orders of Single Judge upheld. Appeal allowed.
Constitution of India, 1950
Articles 14, 16, 226 – Promotions – Helpers in Bihar State Text Book Publishing Corporation – Serving for over 20 years – Promotion to post of Operatives – Under orders of High Court, Departmental Promotion Committee to consider the case for promotion – Said order set aside by Division Bench – Contention that helpers were not entitled to promotion being non-matriculates. On appeal, held that for post of Operatives, qualification of matriculate is not a requirement, nor it was prescribed in advertisement or any statutory Rules. Orders of Single Judge upheld. Appeal allowed.
Held:
The learned counsel for the respondents was, however, unable to support the requirement of matriculation on the basis of any rule, statute, regulation or resolution of the Corporation. On the other hand, we find from the details of the Sixth Pay Commission which is admittedly applicable vide Annexure ‘Kha’ as apparently adopted by the Bihar State Text Book Publishing Corporation that the qualifications for Operatives are only trade test and work experience. Matriculation is conspicuously absent. The respondents are not entitled to introduce a qualification not prescribed anywhere into the advertisement or any Statutory Rules etc. Therefore, we have no hesitation in setting aside the order of the Division Bench and upholding the order of the Single Judge directing that the Helpers working with the Bihar State Text Book Publishing Corporation be considered for promotion to the post of Operatives. (Para 6)
JUDGEMENT:
ORDER
1. Leave granted.
2. Heard learned counsel for the parties.
3. The appellant, the Bihar State Text Book Workers Union seeks promotion of Helpers serving in the Bihar State Text Book Publishing Corporation for over 20 years, to the post of Operatives.
4. The appellant-Union approached the High Court of Patna with a prayer that the Divisional Commissioner, Patna be directed to nominate a Member of the Departmental Promotion Committee which should in turn, consider the case of the members of the appellant-Union for promotion to the post of Operatives. A Single Judge of the Patna High Court granted the prayer and directed the Departmental Promotion Committee to consider the case of the members of the appellant-Union for promotion to the post of Operatives and if they are found qualified to hold the post, pass appropriate order in accordance with law. In an intra court appeal carried by the respondent No.2 Corporation, on the ground that though the Helpers were appointed 20 years ago and were all non-matriculates, a Division Bench declined to uphold the relief granted by the Single Judge and allowed the appeal and dismissed the writ petition.
5. Before us, the respondents strongly resisted the claim of the appellant on the ground that the Helpers are not entitled to be considered for promotion to the post of Operatives because they are non-matriculates. We find that the advertisement lays down the qualifications which are as follows:
(1) That the Helpers should have working experience for more than a year in a offset book printing press of repute;
(2) Matric or pre-University with science or a graduate;
(3) Sound physique with aptitude for manual work; and
(4) Age below 28 years.
6. The learned counsel for the respondents was, however, unable to support the requirement of matriculation on the basis of any rule, statute, regulation or resolution of the Corporation. On the other hand, we find from the details of the Sixth Pay Commission which is admittedly applicable vide Annexure ‘Kha’ as apparently adopted by the Bihar State Text Book Publishing Corporation that the qualifications for Operatives are only trade test and work experience. Matriculation is conspicuously absent. The respondents are not entitled to introduce a qualification not prescribed anywhere into the advertisement or any Statutory Rules etc. Therefore, we have no hesitation in setting aside the order of the Division Bench and upholding the order of the Single Judge directing that the Helpers working with the Bihar State Text Book Publishing Corporation be considered for promotion to the post of Operatives. The respondents shall consider the Helpers for promotion to the post of Operatives provided they hold the requisite qualifications, namely, trade test and work experience. The exercise must be completed within a period of six months from today. Appeal is accordingly allowed.
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1. Leave granted.
2. Heard learned counsel for the parties.
3. The appellant, the Bihar State Text Book Workers Union seeks promotion of Helpers serving in the Bihar State Text Book Publishing Corporation for over 20 years, to the post of Operatives.
4. The appellant-Union approached the High Court of Patna with a prayer that the Divisional Commissioner, Patna be directed to nominate a Member of the Departmental Promotion Committee which should in turn, consider the case of the members of the appellant-Union for promotion to the post of Operatives. A Single Judge of the Patna High Court granted the prayer and directed the Departmental Promotion Committee to consider the case of the members of the appellant-Union for promotion to the post of Operatives and if they are found qualified to hold the post, pass appropriate order in accordance with law. In an intra court appeal carried by the respondent No.2 Corporation, on the ground that though the Helpers were appointed 20 years ago and were all non-matriculates, a Division Bench declined to uphold the relief granted by the Single Judge and allowed the appeal and dismissed the writ petition.
5. Before us, the respondents strongly resisted the claim of the appellant on the ground that the Helpers are not entitled to be considered for promotion to the post of Operatives because they are non-matriculates. We find that the advertisement lays down the qualifications which are as follows:
(1) That the Helpers should have working experience for more than a year in a offset book printing press of repute;
(2) Matric or pre-University with science or a graduate;
(3) Sound physique with aptitude for manual work; and
(4) Age below 28 years.
6. The learned counsel for the respondents was, however, unable to support the requirement of matriculation on the basis of any rule, statute, regulation or resolution of the Corporation. On the other hand, we find from the details of the Sixth Pay Commission which is admittedly applicable vide Annexure ‘Kha’ as apparently adopted by the Bihar State Text Book Publishing Corporation that the qualifications for Operatives are only trade test and work experience. Matriculation is conspicuously absent. The respondents are not entitled to introduce a qualification not prescribed anywhere into the advertisement or any Statutory Rules etc. Therefore, we have no hesitation in setting aside the order of the Division Bench and upholding the order of the Single Judge directing that the Helpers working with the Bihar State Text Book Publishing Corporation be considered for promotion to the post of Operatives. The respondents shall consider the Helpers for promotion to the post of Operatives provided they hold the requisite qualifications, namely, trade test and work experience. The exercise must be completed within a period of six months from today. Appeal is accordingly allowed.
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