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NON REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL   NO.  5100   OF   2013 (Arising out of SLP(C) No.36341 of 2011)

BIHAR STATE TEXT BOOK WORKERS UNION              ….. Appellant

                VERSUS

STATE OF BIHAR & ANR                             ….. Respondents

O R D E R

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-

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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  

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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.

.........................J. [ DR. B.S. CHAUHAN ]

   .........................J. [ S.A. BOBDE ]

NEW DELHI  DATED:   8th  JULY, 2013

ITEM NO.1A               Court No.6             SECTION XVI (for Judgment)

           S U P R E M E   C O U R T   O F   I N D I A                          RECORD OF PROCEEDINGS CIVIL APPEAL NO(s). 5100 OF 2013 @ SLP(C) NO. 36341 OF 2011

BIHAR STATE TEXT BOOK WORKERS UNION               Appellant (s)

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                VERSUS

STATE OF BIHAR & ANR                              Respondent(s)

Date: 08/07/2013  This Appeal was called on for pronouncement of      judgment today.

For Appellant(s)                     Mr. M.P. Jha,Adv.

For Respondent(s)                      Mr. Gopal Singh,Adv.

Hon'ble  Mr.  Justice  S.A.  Bobde  pronounced  the judgment of the Bench comprising of Hon'ble Dr.  Justice B.S. Chauhan and His Lordship.

Leave granted.

Appeal is allowed in terms of the signed  non-reportable judgment.

  (ANITA MALHOTRA) (M.S. NEGI)   Sr. PA       Court Master

     (Signed non-reportable judgment is placed on the file)  

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