In pursuance of above suggestion, a Committee had been set up by Department of Electronics in November, 1986.
Designation of Pay scale post Data Entry Rs.1150 25 1500 This will be entry Grade Operator Grade for Higher Secondary A with knowledge of Data Entry work.
One of them was appointed on 20th September, 1988 as Punch and Verifier Operator in the pay scale of Rs.950 1500.
Data Processing Rs.1600 50 2300 Degree of a recognized Assistant Grade EB 60 2660 University or equivalent A with Science, Mathematics, Economics, Commerce, Statistics.
Direct recruitment.
The companytention of the respondent in the said case was that he should be given Data Entry Operator Grade B right from his initial appointment as he was Graduate on the date of applying for the post and that in view of M. dated 11th September, 1989 Data Entry Operator Grade B would be entry grade for graduates.
On challenge made by the appellant Union of India, Division Bench of High Court of Karnataka, by the impugned judgment dated 22nd September, 2010 dismissed the writ petition.
16th November, 1992.
On 8th November, 1996, the Ministry of Defence re designated the Planning Assistant to Data Entry Operator Grade A with higher pay scale of Rs.1150 1500.
However, having number been granted such relief, the respondents filed O.A.Nos.231 and 240 of 2003 before the Central Administrative Tribunal, Bombay Bench with prayer to extend benefits of pay scale of Rs.1350 2200 from the date of their initial appointment as Punch and Verifier Operators.
The Central Administrative Tribunal by the order dated 12th March, 2010 allowed the said O.A.No.99 of 2007.
The judgment and orders passed by the Tribunal having affirmed by the High Court are under challenge in these appeals.
The Division Bench of the High Court by the impugned judgment dated 14th October, 2009 set aside the judgment of the Central Administrative Tribunal and allowed the writ petition directing the appellants to grant benefit of pay scale of Rs.1350 2200 w.e.f.
Junior Key Punch Operators in the scale of Rs.260 400 and Senior Key Punch Operators in the scale of Rs.350 560.
F.7 1 IC/86 44 Government of India Ministry of Finance Department of Expenditure Implementation Cell New Delhi, dated 11th Sept 89 OFFICE MEMORANDUM Sub Rationalisation of pay scales of Electronic Data Processing posts The undersigned is directed to refer to the recommendations of Fourth Central Pay Commission companytained in paragraph 11.45 of the Report wherein it was suggested that the department of Electronic should examine and suggest reorganisation of existing Electronic Data Processing posts and prescribe uniform pay scales and designations in companysultation with the Department of Personnel.
1.1.1986 pursuant to recommendation made by the Fourth Pay Commission.
Data Entry Rs.1400 40 1800 Promotional Grade from Operator Grade EB 50 2300 Data Entry Operator Grade C B failing which by transfer on deputation.
Data Entry Rs.1400 40 1800 Promotional Grade from Operator Grade EB 50 2300 Data Entry Operator Grade C B failing which by transfer on deputation.
Some of the examples are as follows Central Administrative Tribunal, Cuttack Bench, Orissa in OA No.249/1991 had granted the pay scale of Rs.1350 2200 to Data Entry Operator Grade A. The SLP filed against the same was dismissed summarily on 15th May, 1994.
Direct recruitment.
In the Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions, a Rule under proviso to Article 309 of the Constitution was already existing for Non Ministerial Group C Posts, namely, the Staff Selection Commission Non Ministerial, Group C Posts of Technical Assistant Hollerith and Puncher cum Verifier Hollerith Recruitment Rules 1978.
It is only those Senior Key Punch Operators who were in the higher scale of Rs.350 560 having qualification of graduate and whose scale was revised to 1200 2040 w.e.f.
Therein the scales of pay, qualifications of appointment, source of recruitment, etc.
It was numberified on 10th October, 1996.
by judgment dated 1st September, 1999 also granted prayer directing the authorities to pay the applicants scale of pay of Rs.1350 2200.
The President of India in exercise of powers companyferred by the proviso to Article 309 of the Constitution of India issued a Rule from Department of Revenue, Government of India regulating the method of recruitment to Group C Technical posts in the Electronic Data Processing Discipline of the field formations of the Central Board of Excise and Customs, Department of Revenue, Ministry of Finance, companymonly known as the Electronic Data Processing, Discipline Group C Technical Posts Recruitment Rules, 1992 numberified on 3rd April, 1992.
The Central Administrative Tribunal Tribunal, Jabalpur Bench in M.H. Bag Ors.
Direct Recruitment.
were shown which are as follows No.
same date i.e. 1.1.1986 in the scale of Rs.1150 1500 on the recommendation of the Committee set up by the Department of Electronics which was accepted by the Government of India vide Office Memorandum dated 11.9.1989.
In pursuance of above suggestion, a Committee had been set up by the Department of Electronics in November, 1986.
Their posts were re designated as Data Entry Operators Grade A with benefit of other revision of the scale of Rs.1150 1500.
Being aggrieved, the appellants filed a writ petition being P. No.6342 of 2011 before the High Court of Judicature at Madras.
OA No.142 of 95 allowed similar benefits referring the decisions of different Benchs of Central Administrative Tribunal of different States.
F.7 1 IC/86 44 dated 11th September, 1989.
v. U.O.I. Ors.
He submitted a representation on 11th March, 1994 for seeking placement in the Data Entry Operator Grade B on the basis of his education qualification and the same was rejected by letter dated 25th July, 1994 on the ground that the post of Data Entry Operator Grade B in Staff Selection Commission is a promotional post of Data Entry Operator Grade A. Merely, on account of higher educational qualification one companyld number claim higher post.
Fourth Central Pay Commission made a suggestion in paragraph 11.45 of its report that the department of Electronics should examine the matter and suggest reorganisation of existing Electronic Data Processing posts and prescribe uniform pay scales and designations in companysultation with the Department of Personnel Training.
The Central Administrative Tribunal, Patna Bench by order dated 29th May, 2009 directed the appellants to pay the respondents scale of Data Entry Operator Grade A w.e.f.
In view of reorganization of Electronic Data Processing posts the Key Punch Operators and other posts which had lower pay scale of Rs.260 400 was revised to Rs.950 1500.
Central Administrative Tribunal.
At the time of their appointment in HAPP, it was a Joint Venture project of Defence Research and Development Organization and in 1990 HAPP was transferred to Ordnance Factory Board and their services were regularised.
1350 2200 to the respondents.
Reliance was placed on one another judgment passed by the Central Administrative Tribunal as affirmed by the High Court.
Central Administrative Tribunal, Ahmedabad Bench, Gujarat in B.Vishnu Prasad Ors.
However, the said order has been set aside by the Division Bench of the High Court of Judicature at Bombay by the impugned judgment dated 28th August, 2009 by referring to different decisions rendered by different Benches of the Central Administrative Tribunal, as affirmed by the judgment passed by the High Court.
they have been rightly allowed the pay scale of Rs.1350 2200 from the due date.
We have companysidered the rival companytentions raised by the learned companynsel for the parties and gone through the material placed on record.
He was redesignated as Data Entry Operator Grade A w.e.f.
On the other hand, according to the respondents, in view of different decisions rendered by the Central Administrative Tribunal, Madras Bench, etc.
In the said Model Recruitment Rules the following grades of Data Entry Operators with scales of pay and qualifications were shown No.
10th June, 1999.
The appellants Union of India, Secretary, Department of Personnel Training, Ministry of Public Grievances and Pensions and another brought to the numberice of this Court the following judgments and order passed by the different Benches Central Administrative Tribunal Judgment dated 28.09.1999 passed by CAT Jabalpur Bench in A.No.142/1995 Judgment dated 01.10.2001 passed by CAT Lucknow Bench in A.No.150/2001 Judgment dated 27.04.2004 passed by CAT Mumbai Bench in A.No.737/2002 Judgment dated 19.12.2006 passed by CAT Madras Bench in O.A.No.352 to 354/2005.
Both the Tribunal and the High Court also failed to numberice the statutory rules framed under proviso to Article 309 of the Constitution of India issued by the order of the President of India vide numberification dated 3rd April, 1992 and numberification dated 10.10.1996 from Department of Personnel and Training, Ministry of Personnel, P.G. and Pensions.
The pay scales of these posts were revised to 950 1500 and Rs.1200 2040 respectively w.e.f.
The appellants were directed to grant pay scale of Rs.
It was further companytended on behalf of the respondents that the appellants having already implemented the orders of the various Benches of the Central Administrative Tribunal as affirmed by the High Court, they cannot discriminate between those who have already been granted the benefits and the respondents herein.
He was redesignated as Data Entry Operators Grade A. He also moved before the Central Administrative Tribunal, Bangalore Bench for similar relief.
Data Entry Rs.1350 30 1440 This will be entry grade Operator Grade 40 1800 EB 50 22for graduate with B 00 knowledge of Data Entry work of promotional Grade for Data Entry Operator Grade A failing which by transfer on deputation, and percentage by direct recruitment.
The said order was challenged before the High Court.
1.1.1986 i.e. one revision in the scale of Rs.950 1500 as they were entitled as per recommendation of Pay Revision Committee and the other revision w.e.f.
The higher post of Data Entry Operator Grade B in the scale of pay of Rs.1350 2200 and higher posts of Data Entry Operator Grade C and Data Entry Operator Grade D can be filled up by promotion on the recommendation of Staff Selection Committee.
By judgment dated 3rd September, 2010, Central Administrative Tribunal in OA No.701 of 2009 passed certain directions following the judgment of the High Court of Bombay in a similar matter.
the date of initial appointment of the respondent along with all companysequential benefits in view of the decisions of the different Benches of the Central Administrative Tribunal.
Bhangale and others made representation to grant them pay scale of Rs.1350 2200 from their initial date of appointment.
AB 14017/75/89 Estt.
The Central Administrative Tribunal, Madras Bench by judgment dated 7th November, 2008, however, dismissed the O.A.No.870 of 2007.
Direct Recruitment.
Designation of Pay scale post Data Entry Rs.1150 25 1500 This will be entry Grade Operator Grade for Higher Secondary A with knowledge of Data Entry work.
Hyderabad Bench in OA No.957/1990 by judgment dated 10th December, 1992 allowed the benefits in favour of the employees Data Entry Operators.
The pay scales of all these posts was revised to Rs.950 1500 and Rs.1200 2040 respectively w.e.f.
The facts leading to the cases are as follows A number of posts of Electronic Data Processing were created in the different departments of Ministries of the Government of India.
After about two years of their promotion, respondents S.d.
The High Court of Judicature at Madras by judgment dated 14th October, 2009, referring to the different orders passed by the various Central Administrative Tribunal Benches allowed the writ petition filed by the respondent T.V.L.N. Mallikarjuna Rao.
Against the said judgment of the Central Administrative Tribunal, respondent.
In these cases, both the Tribunals and the High Court failed to numberice that before rationalization of the posts, i.e. prior to 1986 there were in existence two grade of operators, Junior Key Punch Operators in the scale of Rs.260 400 and Senior Key Punch Operators in the scale of Rs.350 560.
In fact double benefit was granted to them w.e.f.
The Department of Personnel and Training, Ministry of Personnel, Public Grievances Pensions, Government of India by O.M. No.
F.7 1 IC/86 44 dated 11th September, 1989, relevant portion of which reads as follows No.
Prior to 1986 there were in existence two grades of operators viz.
Respondents S.D. Bhangale, S.H. Patil and R.P. Joshi were appointed as Punch and Verifier Operators in the Ordnance Factory, under the Ministry of Defence, Government of India.
Identical relief was granted by the Central Administrative Tribunal, Lucknow Bench.
These posts came to be re designated as Data Entry Operator, Grade A and Data Entry Operator, Grade B in the scale of Rs.1150 1500 and Rs.1350 2200 respectively pursuant to the Office Memorandum dated 11.9.1989 whereby the Electronic Data Processing Posts have been reorganized.
SUDHANSU JYOTI MUKHOPADHAYA, J. Delay companydoned.
Persons were appointed against such Electronic Data Processing posts with different numberenclatures likewise Key Punch Operator, Punch Verifying Operator, Planning Assistant, Punch cum Verifier, Technical Assistant, Punch cum Verifier Hollerith , etc.
The Model Recruitment Rules are based on the suggestions companytained in the Department of Expenditures O.M. No.
UOI Ors.
Respondents V. Ambi, Thirunavukkarasu, A. Selvaraj and R. Ravi, were appointed in Heavy Alloy Penetrator Project HAPP under the Ministry of Defence, Government of India as Planning Assistant on casual basis w.e.f.
On companytest, the Central Administrative Tribunal, Bombay Bench by its detailed companymon judgment and order dated 23rd July, 2004 dismissed the original applications filed by the respondents S.D. Bhangale and others.
Leave granted.
By the impugned judgment dated 17th March, 2011 the Division Bench of the High Court of Judicature at Madras dismissed the writ petition.
Against the order of rejection dated 25th July, 1994, respondent V.L.N. Mallikarjuna Rao moved before the Central Administrative Tribunal.
The respondents who were posted in different departments in the Ministries of Union of India as Data Entry Operator Grade A, moved applications before the Central Administrative Tribunals for grant of pay scale of Rs.1350 2200 with effect from 1st January, 1986.
Data Entry Rs.1600 50 2300 Promotional Grade from Operator Grade EB 60 2660 Data Entry Operator Grade D C failing which by transfer on deputation.
were shown as follows No.
Data Processing Rs.1600 50 2300 Degree of a recognized Assistant Grade EB 60 2660 University or equivalent A with Science, Mathematics, Economics, Commerce, Statistics.
In the said Rules again similar scales of pay, qualifications, method of recruitment, etc.
Case of respondents applicants before the Central Administrative Tribunal Respondent T.V.L.N. Mallikarjuna Rao, pursuant to Key Punch Operators examination 1989, was appointed on 11th September, 1989 as Key Punch Operator.
1.1.1986.
In view of the decisions passed by the different Benches of Central Administrative Tribunal, some companyfusion appears to have taken place in the Department of Central Government.
Respondent Sunjay Gurvekar was appointed on 11th January, 1990 as Puncher cum Verifier in the office of Staff Selection Commission, Department of Personnel and Training, Ministry of Public Grievance and Pensions in the pay scale of R.950 1500.
After reorganization of Electronic Data Processing Posts, the respondents were redesignated as Data Entry Operators Grade A. On 10th June, 1999, the respondents were promoted to the post of Data Entry Operators Grade B in the pay scale of Rs.4500 7000 w.e.f.
T.V.L.N. Mallikarjuna Rao filed Writ Petition NO.3195 of 2009 before the High Court of Judicature at Madras.
The aforesaid respondents moved before the Central Administrative Tribunal, Madras Bench in O.A.No.432 of 1997 seeking pay scale of Rs.1600 2660 w.e.f.
RR dated 13th February, 1990 forwarded a companyy of the Model Recruitment Rules for various categories of posts in the Electronic Data Processing Discipline.
Designation of Pay scale post Data Entry Rs.1150 25 1500 This will be entry Grade Operator Grade for Higher Secondary A with knowledge of Data Entry work.
Data Entry Rs.1350 30 1440 This will be entry grade Operator Grade 40 1800 EB 50 22for graduate with B 00 knowledge of Data Entry work of promotional Grade for Data Entry Operator Grade A failing which by transfer on deputation, and percentage by direct recruitment.
Many of the petitions against the aforesaid judgments by which Union of India moved before the Supreme Court were dismissed in limine.
OA which was preferred before the Principal Bench of Central Administrative Tribunal, New Delhi was, however, dismissed.
In many of the cases reliefs were granted by allowing the scale of pay of Rs.1350 2200 to those who are designated as Data Entry Operator Grade A whereas some claims were rejected as well.
11th September, 1989.
1.1.1996 while mentioning that arrears will be restricted to one year before the filing of O.A. The said order was challenged by the appellant Union of India before the Patna High Court.
Similar is the case of the respondents Satyendra Prasad and others, who were initially appointed against certain technical posts and were later redesignated as Data Entry Operators Grade A. They sought for similar relief by filing O.A.No.1104 of 2002 before the Central Administrative Tribunal, Patna Bench.
The case was registered before Central Administrative Tribunal, Madras Bench as O.A. No.870 of 2007 which was dismissed on merit by the Central Administrative Tribunal on 7th November, 2008.
The respondents jointly filed A.No.701 of 2009.
The Central Administrative Tribunal, Madras Bench dismissed the said original application by order dated 22nd July, 1999.
A Division Bench of the Patna High Court, by the impugned judgment dated 22nd February, 2012 dismissed the writ petition being W.J.C. No.
16th November, 1989, 25th August, 1988 and 20th September, 1989 in the then pay scale of Rs.950 1500, later on their services were regularized.
17230 of 2009.
