IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6741 of 2009 BIHAR STATE TEXT BOOK WORKERS UNION, THROUGH ITS SECRETARY, SURENDRA PD. SINGH, SON OF LATE JANAKI SINGH OF VILLAGE ATHARI, P.S. RUNISAIDPUR, DISTRICT SITAMARHI AT PRESENT POSTED AS HELPER(PLATE MAKING SECTION), BIHAR STATE TEXT BOOK PUBLISHING CORPORATION, LTD. BUDH MARG, PATNA-800001. Versus 1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY, BIHAR, PATNA. 2. THE MANAGING DIRECTOR, BIHAR STATE TEXT BOOK PUBLISHING CORPORATION LTD. BIHAR, BUDH MARG, PATNA-800001. ----------- 05. 16.07.2010. Heard learned counsel for the petitioner, the State and the counsel for the Bihar State Text Book publishing Corporation(hereinafter referred to as the Corporation). 2. Petitioner is the union of workers of the Corporation. This application has been filed praying inter alia to direct the Managing Director of the Corporation to consider the case of the Helpers serving in the Corporation for over 20 years for promotion on the post of Operative, for which Departmental Promotion Committee has already been constituted but Committee is not able to consider the case of the Helpers as the representative of the Divisional Commissioner, Patna Division in the Departmental Promotion Committee has since been transferred and the successor has not yet been appointed. Highlighting the aforesaid fact Secretary of the petitioner union filed representation dated 23.11.2006, which is addressed to the Managing Director of the Corporation and is contained in Annexure-5 to this application. In response whereto the Managing Director requested the Divisional Commissioner under letter dated 16.3.2007 and 31.3.2007, Annexures-6 and 6/1 to nominate a member of the departmental promotion committee, thereafter a member was nominated to participate in the Departmental Promotion Committee by the Divisional Commissioner but after his transfer the successor has not been appointed. - 2 - 3. Counsel for the Corporation, however, has opposed the prayer. He states that the publishing work in the Corporation is being outsourced, there may not be any necessity for appointing the Helpers on the post of Operative in the Corporation. He further states that members of the petitioner Union are non- matriculate, as such, not qualified for promotion on the post of Operative. 4. In rejoinder counsel for the petitioner Union submitted that workers of the Union are qualified and if they are not qualified how they are being asked to discharge the duties of the Operatives on officiating basis. The eligibility of the members of the Union for holding the post of Operatives is to be considered by the Departmental Promotion Committee and not by this Court. 5. Accordingly, the writ application is disposed of directing the Managing Director of the Corporation to request the Divisional Commissioner, Patna Division to nominate a member of the Departmental Promotion Committee, as early as possible, in any case within one month from the date of receipt of this order before the Managing Director, thereafter the Departmental Promotion Committee should consider the case of the members of the petitioner Union for promotion on the post of Operative and if they are qualified to hold the post pass appropriate orders in accordance with law, as early as possible, in any case within a reasonable time not exceeding three months from the date of nomination of the member by the Divisional Commissioner. In case, the Managing Director is not aware about the relevant Rules, the Secretary of the petitioner Union is at liberty to apprise him of the Rules. Rajesh/ (V.N.Sinha, J.)