Union Of India Thr.Secretary & Ors vs Anju Jain & Anr

3. The factual matrix of the case is as under:

In the meantime, consequent upon the introduction of the Scheme of rationalization of pay scales for Electronic Data Processing cadre, the cadre was restructured and at the entry level Data Entry Operator (DEO) Grade A and above that the post of Data Entry Operator (DEO) Grade B, etc. were created. Accordingly, the post of Junior Machine Operator in the pre- revised scale of Rs.950-1500 was re-designated as DEO, Grade `A' and was granted the scale of pay of Rs.1150-1500 w.e.f. 01.01.1986. Similarly, the post of Computor in the pre-revised scale of Rs.1200-2040 was re-designated as DEO, Grade 'B' in the scale of pay of Rs.1350-2200 effective from 01.01.1986.

4. Being aggrieved respondent nos.1 and 2 preferred O.A. No.3690 of 2011 before the CAT for re-fixation of their pay in the scale of Rs.1150-1500 w.e.f. 05.05.1987 and 19.05.1987 respectively i.e. from the date they joined as Junior Machine Operators.

6. Aggrieved by the aforesaid order, the appellants filed W.P.C) No.4003 of 2012 before this Court. However, the same was dismissed as withdrawn with liberty to file a review petition before the CAT seeking review of order dated 17th March, 2012. The Review Application being R.A. No.260 of 2012 was dismissed by the CAT on 15th February, 2013.

7. In view of the aforesaid fact, another Writ Petition No.2736 of 2013 was preferred by the appellants before the High Court of Delhi which was rejected by the High Court by impugned order dated 1st August, 2013 with a direction to the appellants that those who were working as Junior Machine Operators have to be treated as Data Entry Operators Grade 'A' in the scale of Rs.1150-1500 and shall be given subsequent replacement of scale of pay Rs.4000-6000 with benefit from the date of their appointment as Junior Machine Operators.

8. Aggrieved by the aforesaid order, the appellants have preferred the present appeal before this Court.

If as a result of above review, pay scale of any post undergoes a change the pay of existing incumbents will be fixed as per fundamental Rule 23 read with FR 22(a)(ii).

The review suggested in para 2 above will be made only with reference to existing Electronic Data Processing posts and it will not be necessary to create all the grades in all Ministries/Departments, as it will depend on requirements of user Department. If Ministry/Department proposes to create any grade which is not existing at present it will be done with approval of financial advisors and subject to procedures laid down for the purpose.

For such promotion, the person is not only and required to be qualified but must fulfill experience condition in the lower grade for promotion to the higher post."

17. In view of the finding as recorded above, no interference is called for against the impugned judgment dated 01st August, 2013 passed by the High Court and the order passed by the Tribunal as the High Court rightly held that the respondents to be treated as Data Entry Operator Grade 'A' in the pay scale of Rs.1150-1500 from the date of their initial appointment and subsequent replacement of pay scale of Rs.4000-6000 from the date the pay scale was so revised.

18. The appeal is dismissed but there shall be no orders as to costs.

JANUARY 6, 2015.