IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14895 of 2009 1. THE UNION OF INDIA, THROUGH THE SECRETARY CENTRAL PROVIDENT FUND COMMISSIONER, BHAVISHYA NIDHI BHAVAN, 14, BHIKAJI KAMA PALACE, NEW DELHI-110066 2. THE CENTRAL PROVIDENT FUND COMMISSIONER NEW DELHI 3. THE REGIONAL PROVIDENT FUND COMMISSIONER-1 BHAVISHYA NIDHI BHAVAN, R. BLOCK, ROAD NO.6, PATNA-800001 4. THE ASSISTANT PROVIDENT FUND COMMISSIONER (EDP) BIHAR, PATNA ---- RESPONDENTS/PETITIONERS Versus 1. SATISH KUMAR SINGH S/O SAMATA PRASAD SINGH R/O MOHALLA- BUNDEL TOLI, P.O. PATNA CITY, P.S. MALSALAMI, PATNA-800008, PRESENTLY POSTED AS S.S.A.(SOCIAL SECURITY ASSISTANT) REGIONAL OFFICE, PATNA IN THE OFFICE OF REGIONAL PROVIDENT FUND COMMISSIONER-1, BIHAR, PATNA , BHAVISHYA NIDHI BHAVAN, R. BLOCK ROAD NO. 6, PATNA 1 ---- APPLICANT/RESPONDENT. ----------- 04 . 25.02.2010 Heard learned counsel for the petitioners, and Mr. Vijay Kumar Prasad for the respondent. This writ petition is directed against the order dated 10.07.2009, passed by the Central Administrative Tribunal, Patna Bench, Patna, in O.A.No. 319 of 2007, whereby the original application preferred by the present respondent has been allowed, and the authorities have directed to consider his case for absorption as Data Entry Operator. A brief statement of facts essential for the disposal of this writ petition may be indicated. The respondent herein was initially appointed as L.D.C., in the Employees Provident fund organization, way back on 05.07.1996. On account of computerization of the organization in question, certain posts of Data Entry Operators were created. Option was called for from the existing L.D.C’s to function as Data Entry Operator. The present respondent was one of them and was selected to function as 2 Data Entry Operator along with others by order dated 24-01-1997 (Annexure-2). The same clearly stipulated that they shall function till finalization of recruitment rules for this cadre. It was a purely temporary arrangement, and they could be reverted to the posts of L.D.C. The respondent continued to function till 2005. The recruitment rules were published in the gazette of India dated 08.11.2003. The relevant portion is reproduced herein below: RECRUITMENT RULES FOR THE POST OF DATA ENTRY OPERATORS GRADE-A IN THE EMPLOYEES’ PROVIDENT FUND ORGANISATION 8. Educational and other qualifications required for direct recruits. (a) Passed 10+2 examination or equivalent. (b) Possess speed of not less than 8000 key depressions per Data Entry work. 11. Method of Recruitment whether by direct recruitment or by promotion or by deputation/ transfer and percentage of the vacancies to be filled by various methods. -By Direct Recruitment/ Transfer from Central Government Departments. -Possessing the qualifications prescribed for Direct Recruit column 8. It is further relevant to state that by a further notification, the educational qualifications, were altered by document marked Annexure-4 to the petitioner’s rejoinder to the counter affidavit, serial no.8 of which is relevant in the present context: 8. Educational and other qualifications required for direct recruits. (i) Passed 10+2 examination with Mathematics or Science or Computer Science as one of the subject. (ii) Possess a speed of not less than 8000 key depressions 3 per hour for Data Entry work. It appears that, after promulgation of the Recruitment Rules, the authorities discontinued Data Entry Operators, leading to the aforesaid original application which has been allowed, and the authorities have been directed to consider the present respondent’s case for absorption as Data Entry Operator. We have perused the materials on record and considered the submissions of the learned counsel for the parties. It is relevant to state that, by the time the present respondent started functioning as the Data Entry Operator, he had been substantively promoted to the next higher grade of U.D.C. The respondent has continued without break as Data Entry Operator from January 1997 at least till 2005. In other words, the respondent has gained proficiency as Data Entry Operator for having worked as such for all these years. Secondly, the learned Tribunal has noticed in the impugned order that superiors of the respondent were satisfied with his performance, and had recommended his absorption as Data Entry Operator. The minimum educational qualification for the post is 10+2 Examination plus Mathematics or Computer Science as one of the subject. Perhaps the respondent does not have the qualification of 10+2 with Mathematics, but he is perhaps a graduate with Commerce. It has, therefore, to be considered by the authorities whether or not the same amply compensates for his lack of basic Educational qualification of 10+2 with Mathematics Computer Science, to which has to be added his experience. It is further relevant to state that the office note dated 19.02.2008 ( Annexure-C), persons were permitted to appear at the 4 examination at the recruitment tests for Data Entry Operator who were B.Com(Uttam Kumar), non-matric(Raj Kumar Ram) etc. Furthermore, the learned Tribunal has not passed a positive order directing the authorities to absorb the respondent herein, and has instead directed them to consider his case in view of observation made therein. We do not find ourselves in a position to disagree with the direction and added to the same are the observations hereinabove. In the result, we do not find any merit in this writ petition. It is accordingly dismissed. The authorities are directed to consider the respondent’s case for absorption/ regularization as Data Entry Operator with consequential benefits. In case the respondent’s case does not finds favour with the authorities, then his case shall have to be rejected by a reasoned order. This Court will be pleased if the entire process is completed within a period of three months from today. Sym (S.K.Katriar, J.) ( Kishore K. Mandal, J.)