Secr.,Dept.Of Pers.,Pub.Gr.& Pens.& ... vs T.V.L.N.Mallikarjuna Rao

2. 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. The Tribunal allowed the applications. The judgment and orders passed by the Tribunal having affirmed by the High Court are under challenge in these appeals.

3. The facts leading to the cases are as follows:

16. 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. One of them was appointed on 20th September, 1988 as Punch and Verifier Operator in the pay scale of Rs.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. 10th June, 1999. After about two years of their promotion, respondents-S.d. Bhangale and others made representation to grant them pay scale of Rs.1350-2200 from their initial date of appointment. However, having not 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. On contest, the Central Administrative Tribunal, Bombay Bench by its detailed common judgment and order dated 23rd July, 2004 dismissed the original applications filed by the respondents-S.D. Bhangale and others. 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.

17. 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. 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. 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. 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. 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. 11th September, 1989. The Central Administrative Tribunal, Madras Bench dismissed the said original application by order dated 22nd July, 1999. The respondents jointly filed O.A.No.701 of 2009. 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 appellants were directed to grant pay scale of Rs. 1350-2200 to the respondents. Being aggrieved, the appellants filed a writ petition being W.P. No.6342 of 2011 before the High Court of Judicature at Madras. By the impugned judgment dated 17th March, 2011 the Division Bench of the High Court of Judicature at Madras dismissed the writ petition.

15. Against the order of rejection dated 25th July, 1994, respondent- T.V.L.N. Mallikarjuna Rao moved before the Central Administrative Tribunal. The contention 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 O.M. dated 11th September, 1989 Data Entry Operator Grade-B would be entry grade for graduates. 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. Against the said judgment of the Central Administrative Tribunal, respondent.T.V.L.N. Mallikarjuna Rao filed Writ Petition NO.3195 of 2009 before the High Court of Judicature at Madras. 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. the date of initial appointment of the respondent along with all consequential benefits in view of the decisions of the different Benches of the Central Administrative Tribunal.

32. In view of the findings recorded above we hold that Data Entry Operators Grade-A are not entitled for Scale of pay of Rs.1350-2200 w.e.f. 1.1.1986 or thereafter merely on the basis of their qualifications or for the fact that they have completed their period of requisite service. We further hold that any decision rendered by any Tribunal or any High Court contrary to our decision is wrong. Further in view of the reasons and findings recorded above while we hold that the respondents are not entitled to the benefit as they sought for before the Tribunal or the High Court, all the impugned orders passed by the CAT Benches and the High Courts in favour of the respondents being illegal are set aside.

33. The appeals are allowed. No costs.

DECEMBER 09, 2014.