UNION OF INDIA THROUGH SECRETARY & ORS,versusANJU JAIN & ANR.

                    [2015] 1 S.C.R. 599

    UNION OF INDIA THROUGH SECRETARY & ORS,
                              V.
                     ANJU JAIN & ANR.
               (Civil Appeal No. 50 of 2015)
                    JANUARY 06, 2015
                                                                 B
       [SUDHANSU JYOTI MUKHOPADHAYA AND
              PRAFULLA C. PANT, JJ.]

      Service law - Pay scales- Re-fixation of pay - Initial
appointment of applicants-respondent no. 1 and 2 w.e.f. C
05.05.1987 and 19.05.1987 as Junior Machine Operators
(JMO!Key Punch Operators) in the pay scale of Rs. 950-20-
1150-EB-25-1500 - Abolition of the said posts w. e. f.
27.07.1995 - On request respondents adjusted against the
vacant posts of Computor (feeder) with the same pay scale D
as of JMO - Thereafter, adjusted against the vacant post of
computer by way of ad hoc promotion, w.e.f. 04.11.1997 in the
pay sale of Rs. 4000-100-6000 - Grant of First Financial
Upgradation under ACP Scheme but the pay of respondent
re-fixed in the same scale of Rs. 4000-100-6000 - Meanwhile, E
rationalization of pay scales for Electronic Processing Cadre
- Post of JMO reclassified as Data Entry Operator, Grade 'A'
with pay scale of Rs. 1150-1500 and post of Computor
reclassified as Data Entry Operator, Grade 'B' in the pay scale
of Rs. 1350-2200 effective from 01.01.1986 - However, JMO F
as Data Entry Operator, Grade 'A' not granted pay scale of
Rs. 1150-1500 w. e.f. their date of initial appointment -
Challenge to - Tribunal as also High Court holding that those
working as JMO to be treated as Data Entry Operator, Grade
'A' in the scale of Rs. 1150-1500 from their date of their initial G
appointment - Interference with - Held: Not called for -
Respondents to be treated as Data Entry Operator Grade 'A'
in the pay scale of Rs. 1150-1500 from the date of their initial

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    600       SUPREME COURT REPORTS              [2015] 1 S.C.R.


A appointment and subsequent replacement of pay scale of
  Rs.4000-6000 from the date the pay scale was so revised -
  Admittedly, the posts of JMO, etc. were abolished and,
  therefore, they were adjusted to the post of Computor w. e.f
  04. 11. 1997, the adjustment was so made with a condition that
B they have been drawing the salary and pay and allowances
  as admissible to the posts of Junior Machine Operator which
  they were holding prior to 27th July, 1995 - Therefore, the ·
  respondents though hold the posts of Computor they were
  entitled to the pay scale of Rs.1150-1500 w.e.f 27.07.1995.
c
        Secretary, Department of Personnel, Public Grievances
    & Pension & Anr. Vs. T. V. L. N. Mallikarjuna Rao C.A. No.
    10862 of 2014 etc. etc. Order dated December 09, 2014 by
    Supreme Court - referred to.
D        CIVIL APPELLATE JURISDICTION: Civil Appeal No. 50
    of 2015.

        From the Judgment and Order dated 01.08.2013 of the
    High Court of Delhi at New Delhi in W.P. (C) No. 2736 of 2013.
E
         Tushar Mehta, ASG, Sushma Manchanda, Usha Reddy, B.
    Krishna Prasad for the Appellants.

        M. N. Krishnamani, Rajesh Sharma, Nitin Kumar, Shalu
F   Sharma for the Respondents.

          The Judgment of the Court was delivered by.

        SUDHANSU JYOTI MUKHOPADHAYA, J. 1. Leave
    granted.
G
       2. The appellants have preferred this appeal against order
  dated 1st August, 2013 passed by the High Court of Delhi at
  New Delhi in W.P. (C) No.2736 of 2013. By the impugned
  order, the High Court affirmed the order dated 17th March, 2012
H passed by the Central Administrative Tribunal, Principal Bench
  UNION OF INDIA THROUGH SECRETARY v. ANJU                  601
   JAIN [SUDHANSU JYOTI MUKHOPADHAYA, J.]
(hereinafter referred to as, 'the CAT') and dismissed the writ      A
petition preferred by the appellants herein.

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

      The case of the Respondent Nos. 1 and 2 is that they were
                                                                    B
initially appointed as Junior Machine Operators(JMO)/Key
Punch Operators w.e. f. 05.05.1987 and 19.05.1987
respectively on temporary basis in the pay scale of Rs.950-20-
1150-EB-25-1500. Later on, their services were regularized
w.e.f. 19.05.1989. Subsequently, on the recommendations of          C
the Economic Reform Commission and the Staff Inspection
Unit, the posts of Junior Machine Operator, Senior Machine
Operator and Comptometer Operator in the office of appellant
no.2 were abolished w.e.f. 27.07.1995. However, on the
request of the respondents, their services were adjusted
                                                                    D
against the vacant posts of Computor(feeder) which was a
promotional post but with the condition that the respondents will
draw only the salary and pay and allowances as admissible to
the posts of Junior Machine Operator which they were holding
prior to 27.07.1995. Later on, respondents were adjusted            E
against the vacant post of Computer by way of ad hoc
promotion w.e.f. 04.11.1997 in the pay scale of Rs.4000-100-
6000. On 18.05.1999, at the time of granting First Financial
 Upgradation under ACP Scheme, the pay of the respondents
was re-fixed in the same scale of Rs.4000-100-6000, which           F
was the scale they were already granted.

     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          G
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
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    602       SUPREME COURT REPORTS                 [2015] 1 S.C.R.

A w.e.f. 01.01.1986. Similarly, the post of Computer 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.

B       It appears that inspite of re-designation of the post of Junior
    Machine Operator as Data Entry Operator Grade 'A' the
    respondent nos.1 and 2 were not granted scale of pay of
    Rs.1150-1500 with effect from their date of initial appointmE:.1t.

C        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.
D        5. The CAT vide order dated 17th March, 2012 allowed
    the application and set aside the order passed by the authorities
    with following observation and direction:

          "5. We have heard the learned counsel for the parties and
E         considered the averments made by them. We have also
          perused the various judgments relied upon by the
          learned counsel for the applicants. In our considered
          view, the submission of the respondents does not have
          any merit. Admittedly, both the applicants were initially
F         appointed to the post of JMO which has been identified
          as an EDP post and reclassified as Data Entry Operator,
          Grade 'A'. On having been declared surplus, they were
          adjusted against the post of Computor which is another
          identified EDP post which was reclassified as Data Entry
G         Operator, Grade 'B'. Therefore, the submission of the
          respondents that there was difference between the posts
          occupied by the applicants and other Data Entry
          Operators is merely a technical one with no consequence
          and, therefore, it is rejected. Consequently, we hold that
H
 UNION OF INDIA THROUGH SECRETARY v. ANJU                   603
  JAIN [SUDHANSU JYOTI MUKHOPADHAYA, J.]
    the applicants shall be treated as Data Entry Operators         A
    Grade 'A' in the scale of pay of Rs.1150-1500 (pre-
    revised) with all consequential benefits such as re-fixation
    of their pay, upto date arrears of pay and allowances from
    the respective dates of their appointments i.e. 05. 05. 1987
    and 19.05.1987. They shall a/so issue necessary orders          B
    in this regard, within a period of two months from the date
    of receipt of copy of this order. There shall be no order
    as to costs."

    6. Aggrieved by the aforesaid order, the appellants filed       c
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.                        D
      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
                                                                    E
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.
                                                                    F
     8. Aggrieved by the aforesaid order, the appellants have
preferred the present appeal before this Court.

     9. The learned counsel for the respondents contented that
the respondents were initially appointed as Junior Machine          G
Operators and on being declared surplus they were adjusted
against the posts of Computor limiting their pay scale to that
of Junior Machine Operators. Both those posts were identified
as Electronic Data Processing posts. Hence, their case is fully
covered by the decision of the Tribunal dated 31.07.2000 in QA      H
    604       SUPREME COURT REPORTS                 [2015] 1 S.C.R.


A   No. 2639/1999 titled Babu Lal & Ors. v. Union of India & Ors.
    wherein it was held that the DEOs/DPAs covered under MOF
    (DOE) O.M. dated 11.09.1989 and hence they are entitled to
    re-fixation of their pay in the respective scales with effect from
    their initial date of appointment.
B
         10. The learned counsel for the appellants has contended
    that the cases of the respondents are not exactly similar to
    those of the O.As relied upon by the respondents. According
    to them, even though the respondents have been initially
c   appointed w.e.f. 05.05.1987 and 19.05.1987 as Junior
    Machine Operators, the said posts have been abolished w e.f.
    27.07.1995 and they were adjusted against the post of
    Computor on their request, they are not entitled to refixation of
    their pay with effect from their date of initial appointment.
D
         11. We have considered the rival contention raised by the
    learned counsel for the parties and have perused the record.

        12. The question relating to rationalisation of pay scales
  of Electronics Data Processing posts in different departments
E of Ministries of the Government of India was noticed and
  considered by this Court in 'Secretary, Department of
  Personnel, Public Grievances & Pension & Anr. Vs. T. V.L.N.
  Mallikarjuna Rao', C.A.No.10862 of 2014 etc. etc. This Court
  by its judgment dated 9th December, 2014 in the said case
F noticed the Office Memorandum No. F.7(1)/IC/86(44) dated
  11th September, 1989 issued by the Government of India,
  Ministry of Finance, Department of Expenditure whereby on the
  recommendation of the Fourth Central Pay Commission and
  further recommendation made by the Committee constituted by
G the Government of India, pay scale of Electronic Data
  Processing posts likewise Key-Punch Operator, Punch
  Verifying Operator, Planning Assistant, etc. were rationalized.
  The relevant portion of the said office memorandum reads as
  follows:
H
UNION OF INDIA THROUGH SECRETARY v. ANJU                605
 JAIN [SUDHANSU JYOTI MUKHOPADHAYA, J.]
                    "No.F.7(1)/IC/86(44)                       A
                    Government of India
                    Ministry of Finance
                Department of Expenditure
                                                               B
                    Implementation Cell
                              New Delhi, dated 11th Sept: 89
                 OFFICE MEMORANDUM
      Sub: Rationalisation of pay scales of Electronic Data    c
           Processing posts:
  The undersigned is directed to refer to the
  recommendations of Fourth Central Pay Commission
  contained in paragraph 11.45 of the Report wherein it was
  suggested that the department of Electronic should           D
  examine and suggest reorganisation of existing Electronic
  Data Processing posts and prescribe uniform pay scales
  and designations in consultation with the Department of
  Personnel. In pursuance of above suggestion, a
  Committee had been set up by Department of Electronics       E
  in November, 1986. After careful consideration of the
  recommendations made by this Committee, Government
  of India has decided to introduce following pay structure
  for Electronic Data Processing posts:-
                                                               F
 S.  Designation                Pay
 No. of post                    scale
 1.     Data Entry Operator     Rs.1150- This will be entry
        Grade 'A'               1500     Grade for Higher
                                         Secondary with        G
                                         knowledge of Data
                                         Entry work.


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    606    SUPREME COURT REPORTS            [2015] 1 S.C.R.


A     2.   Data Entry Operator   Rs.1350- This will be entry
           Grade 'B'             2200     grade for graduate
                                          with knowledge of
                                          Data Entry work of
                                          promotional Grade
B                                         for Data Entry
                                          Operator Grade 'A


      3.   Data Entry Operator   Rs.1400- Promotional Grade
           Grade 'C'             2300

      4.   Data Entry Operator   Rs.1600- Promotional Grade
           Grade 'D'             2660

      5.   Data Entry Operator   Rs.2000- Promotional Grade
           Grade 'E'             3500

    Data Processing/Programming Staff

      1.   Data Processing       Rs.1600 Entry Grade for
           Assistant Grade 'A'   -2260   Graduates with
                                         Diploma/certificate
                                         in Computer
                                         Applicatibns.

      2.   Data Processing       Rs.2000 Promotional Grade
           Assistant Grade 'B'   -3200

      3.   Programmer            Rs.2375 Direct Entry for
                                 -3500   holders of Degree
                                         in Engineering or
                                         post-graduation in
                                         Science/Maths etc.
                                         or post graduation
                                         in Computer
                                         Application

                                                  Or
UNION OF INDIA THROUGH SECRETARY v. ANJU                     607
 JAIN [SUDHANSU JYOTI MUKHOPADHAYA, J.]

                                            ~y promotion trom      A
                                            Data Processing
                                            Assistant Grade 'B
 4.      Senior Programmer        Rs.3000 Promotional Grade
                                  -4500                             B
      2. All Ministers/Department having Electronic Data
      Processing posts under their administrative control will
      review the designation, pay scales and recruitment
      qualification of their posts and revise the same in
      consultation with their Financial Advisor to the extent C
      necessary as per pay structure indicated in para 1 above.
      Where it is found necessary to revise the pay scale of
      existing post notification will be issued by concerned
      Ministry/Department and copy of the notification and
      order will be sent to Implementation Cell and Department D
      of Expenditure. The revised pay scales will be operative
      from the date of issue of notification by concerned
      Ministry/Department.

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

      3. The review suggested in para 2 above will be made
      only with reference to existing Electronic Data F
      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!
      Deparlment proposes to create any grade which is not
      existing at present it will be done with approval of financial G
      advisors and subject to procedures laid down for tM
      purpose.

      4. The qualifications etc. indicated against each grade
      in para 1 above are only illustrative and Departments!        H
    608        SUPREME COURT REPORTS              [2015] 1 S.C.R.


A         Ministries will carry out the review of existing EDP posts
          in accordance with recruitment rules as already
          prescribed by them. To ensure uniformity in regard to
          Recruitment Rules for the EDP posts, Department of
          Personnel & Training is being requested to devise model
B         Recruitment Rules which can be adopted by Ministry/
          Department."

        13. It was further noticed that in view of the aforesaid OM
  No.F.7(1)/IC/86(44) dated 11th September, 1989, Department
C of Personnel and Training, Ministry of Personnel, Public
  Grievance & Pensions, Government of India by O.M.No.AB
  14017/75/89-Estt.(RR) dated 13th February, 1990 forwarded
  a copy of the Model Recruitment Rules for various categories
  of posts in the Electronic Data Processing Discipline. Further,
  this Court also noticed the Electronic Data Processing
D Discipline (Group C Technical Posts) Recruitment Rules, 1992
  issued by the President of India in exercise of powers conferred
  by the proviso to Article 309 of the Constitution of India, from
  Department of Revenue, Government of India, Department of
  Personnel of Training, Ministry of Personnel, etc. Having
E noticed the aforesaid guidelines and Rules in Secretary,
  Department of Personnel, Public Grievances & Pension &
  Anr. Vs. T. V.L.N. Mallikarjuna Rao this Court observed as
  follows:

F         "8. From the Office Memorandum and Rules, as noticed
          above, the following facts emerge:

                       (i) In view of the recommendations of Fourth
                       Central Pay Commission (paragraph 11.45
                       of the Report), the Government of India
G                      constituted a Committee to suggest the
                       reorganisation of existing department of
                       Electronic Data Processing posts such as
                       Data Entry Operator which were in the scale
                       of pay of Rs.950-1150.
H
 UNION OF INDIA THROUGH SECRETARY v. ANJU                  609
  JAIN [SUDHANSU JYOTI MUKHOPADHAYA, J.]
                 (ii) By Office Memorandum dated 11th A
                 September, 1989, pursuant to the aforesaid
                 suggestions the Government of India
                 decided to introduce pay structure for
                 Electronic Data Processing posts with
                 separate nomenclatures that is: (i)Data Entry B
                 Operator Grade 'A' - Rs.1150-1500 with
                 entry Grade for Higher Secondary with
                 knowledge of Data Entry work; (ii) Data Entry
                 Operator Grade 'B' - is promotional post of
                 Data Entry Operator Grade 'A', similarly          c
                 Data Entry Operator Grade 'C' is promotion
                 post of Data Entry Operator Grade 'B' and
                 Data Entry Operator Grade 'D' is promotion
                 post of Data Entry Operator Grade 'C' and
                 Data Entry Operator Grade 'E' is D
                 promotional post of Data Entry Operator
                 Grade 'D'.

    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."                 E

      14. In the present case the respondents were appointed
as Junior Machine Operator/Key Punch Operator w.e.f.
05.05.1987 and 19.05.1987 respectively on temporary basis
in the pay scale of Rs.950-20-1150-EB-25-1500. F
Subsequently, their services were regularised w.e.f. 19.05.1989.
In view of the Government of India O.M. dated 11th September,
1989 the posts of Junior Machine Operators/Key Punch
Operators were re-designated as Data Entry Operator Grade
'B' in the pay scale of Rs.1150-1500 w.e.f. 01.01.1986. G
Therefore, respondent nos.1 and 2 became entitled to receive
salary in the pay scale of Rs.1150-1500 with effect from their
date of initial appointment i.e. 05.05.1987 and 19.05.1987
respectively.

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    610          SUPREME COURT REPORTS              [2015] 1 S.C.R.


A        15. Admittedly, the posts of Junior Machine Operator, etc.
    were abolished and, therefore, they were adjusted to the post
    of Computer. Though the respondents were adjusted against
    the posts of Computer w.e.f.04.11.1997, the adjustment was
    so made with a condition that they have been drawing the
B   salary and pay and allowances as admissible to the posts of
    Junior Machine Operator which they were holding prior to 27th
    July, 1995. Therefore, the respondents though hold the posts
    of Computer they were entitled to the pay scale of Rs.1150-
    1500 '.'J.e.f. 27.07.1995.
c         16. The respondents have taken plea that their adjustment
    against the vacant post of Computer by way of ad hoc
    promotion w.e.f. 04.11.1997 in the pay scale of Rs.4000-100-
    6000 but there was nothing on record to suggest that they were
    granted ad hoc promotion w.e.f. 04.11.1997. Further, the
D   designation of post of Computer was changed to Data Entry
    Operator Grade 'B'. In absence of any order of promotion no
    finding can be given whether the respondents were entitled to
    next higher sale of pay. However, if they were entitled for higher
    scale as per ACP scheme and granted by the competent
E   authority they will continue to receive the same.

          17. In view of the finding as recorded above, no interference
    is called for against the impugned judgment dated 01 st August,
    2013 passed by the High Court and the order passed by the
F   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.
G        18. The appeal is dismissed but there shall be no orders
    as to costs.

    Nidhi Jain                                        Appeal dismissed.