Supreme Court - Daily Orders
Bihar State Text Book Workers Union vs J.K.P Sinha M.D Bihar State T.Book Cor. on 17 October, 2014
Bench: Sudhansu Jyoti Mukhopadhaya, S.A. Bobde
ITEM NO.36 COURT NO.4 SECTION XVI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CONMT.PET.(C) No. 176/2014 In C.A. No. 5100/2013
BIHAR STATE TEXT BOOK WORKERS UNION Petitioner(s)
VERSUS
J.K.P SINHA M.D BIHAR STATE T.BOOK COR. Respondent(s)
(with office report)
Date : 17/10/2014 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA
HON'BLE MR. JUSTICE S.A. BOBDE
For Petitioner(s) Mr. M. P. Jha,Adv.
Mr. Harashvardhan Jha, Adv.
Mr. Ram Ekbal Ray, Adv.
For Respondent(s) Mr. Gopal Singh, Adv.
Mr. Manish Kumar, Adv.
UPON hearing the counsel the Court made the following
O R D E R
This Court by judgment dated 8th July, 2013 passed in C.A.5100 of 2013, Bihar State Text Book Workers Union Vs. The State of Bihar & Anr, while allowing the appeal, made the following directions :
“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.” The respondent/contemnor while considering the case, by Signature Not Verified Digitally signed by note dated 16th April, 2014, refused to recommend the Rajni Mukhi Date: 2014.10.18 13:00:50 IST Reason: petitioner for promotion to the post of `Operative' on following grounds :
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“It is a fact that services of most of these `helpers' are being taken elsewhere in the BSTBPC or Education Department in the same Pay Band and Grade Pay as per temporary requirements for gainful engagement. It is also seen that they do not have any eperience of working on the post of Operative. The candidates do not even possess the experience of working either on the post of Operative or in the post having similar Pay band and Grade Pay of Operative. It means at present none of the candidates hold the `qualifying' character of trade test or experience of Operative.
7. In the light of above facts and circumstances and direction of Hon'ble Supreme Court and after due consideration the committee finds all the Helpers in the list UNFIT for promotion to operatives.” From the aforesaid note it appears that the person who has given the note or those who have approved, does not have any knowledge of the service jurisprudence, as the question of acceptance against the higher post of Operatives does not arise in the matter of promotion to higher post. It may amount to wilful or deliberate act of violation of Court's order by denying promotion to the eligible candidates.
By way of last opportunity, four weeks' time is granted to the Competent Authority to comply with the court's order in letter and spirit. We make it clear that while considering the case, the respondent cannot reject the candidature of one or other on the ground that they have no working experience on the post of operatives or against post having similar Pay Band/Grade Pay of operatives.
In case the order is not complied in letter and spirit, the Court may initiate the contempt proceeding and pass appropriate order.
Post the matter on 8th December, 2014.
The alleged contemnor-Competent Authority shall remain present.
(Rajni Mukhi) (Suman Jain) Sr. P.A. Court Master