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REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 10862 OF 2014 (arising out of SLP(C) No.26977 of 2010)

SECRETARY, DEPARTMENT OF PERSONNEL,     … APPELLANTS

PUBLIC GRIEVANCES & PENSION & ANR.

VERSUS

T.V.L.N. MALLIKARJUNA RAO     … RESPONDENTS

With

CIVIL APPEAL NOS. 10863-10864 OF 2014 (arising out of SLP(C) Nos.28595-96 of 2010)

UNION OF INDIA & ORS.      … APPELLANTS

VERSUS

S.D. BHANGALE & ORS. ETC.ETC.     … RESPONDENTS

With

CIVIL APPEAL NO. 10865 OF 2014 (arising out of SLP(C) No.31613 of 2011)

UNION OF INDIA & ORS.      … APPELLANTS

VERSUS

V. AMBI & ORS.      … RESPONDENTS

With

CIVIL APPEAL NO. 10866 OF 2014 (arising out of SLP(C) Nos.3306 of 2012)

UNION OF INDIA & ORS.      … APPELLANTS

VERSUS

SUNJAY GURVEKAR .     … RESPONDENT

With

CIVIL APPEAL NO. 10867 OF 2014

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(arising out of SLP(C) Nos.3956 of 2013)

UNION OF INDIA & ORS.      … APPELLANTS

VERSUS

SATYENDRA PRASAD & ORS.      … RESPONDENTS

J U D G M E N T  

SUDHANSU JYOTI MUKHOPADHAYA, J.

Delay condoned. Leave granted.

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:

A number of posts of Electronic Data Processing were created  

in the different departments of Ministries of the Government of  

India.  Persons  were  appointed  against  such  Electronic  Data  

Processing posts with different nomenclatures likewise Key-Punch  

Operator, Punch Verifying Operator, Planning Assistant, Punch-cum-

Verifier,  Technical  Assistant,  Punch-cum-Verifier  (Hollerith),  

etc.

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4. 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 consultation with the Department of Personnel  

& Training. In pursuance of above suggestion, a Committee had been  

set up by the Department of Electronics in November, 1986. After  

careful  consideration  of  the  recommendations  made  by  the  said  

Committee,  Government  of  India  has  decided  to  introduce  pay  

structure for Electronic Data Processing posts by Ministry’s O.M.  

No.F.7(1)/IC/86(44) dated 11th September, 1989, relevant portion of  

which reads as follows:

“No.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 contained  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  consultation  with  the  Department  of  Personnel. In pursuance of above suggestion, a Committee  had been set up by Department of Electronics 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:-

S. Designation Pay

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No. of post scale 1. Data  Entry  

Operator  Grade ‘A’

Rs.1150 -1500

This  will  be  entry  Grade  for  Higher  Secondary    with knowledge  of  Data  Entry work.

2. Data  Entry  Operator  Grade ‘B’

Rs.1350 -2200

This  will  be  entry  grade  for  graduate  with  knowledge  of  Data  Entry  work  of  promotional  Grade  for  Data  Entry  Operator Grade ‘A’

3. Data  Entry  Operator  Grade ‘C’

Rs.1400 -2300

Promotional Grade

4. Data  Entry  Operator  Grade ‘D’

Rs.1600 -2660

Promotional Grade

5. Data  Entry  Operator  Grade ‘E’

Rs.2000 -3500

Promotional Grade

Data Processing/Programming Staff 1. Data  

Processing  Assistant  Grade ‘A’

Rs.1600 -2260

Entry  Grade  for  Graduates   with  Diploma/certificate  in     Computer  Applications.

2. Data Processing  Assistant Grade  ‘B’

Rs.2000 -3200

Promotional Grade

3. Programmer Rs.2375 -3500

Direct  Entry  for  holders  of  Degree  in  Engineering  or  post-graduation  in  Science/Maths  etc.  or  post  graduation  in     Computer  Application

Or By  promotion  from  Data  Processing  Assistant Grade ‘B’

4. Senior  Programmer

Rs.3000 -4500

Promotional Grade

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  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  of  Expenditure. The revised pay scales will be operative from  the  date  of  issue  of  notification  by  concerned  Ministry/Department.

3. 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).

4. The review suggested in para 2 above will be made only  with reference to existing Electronic Data Processing posts

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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.

5. The qualifications etc. indicated against each grade  in  para  1  above  are  only  illustrative  and  Departments/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  Recruitment  Rules  which  can  be  adopted  by  Ministry/Department.”

5. The  Department  of  Personnel  and  Training,  Ministry  of  

Personnel, Public Grievances & 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.  

The Model Recruitment Rules are based on the suggestions contained  

in the Department of Expenditure’s O.M. No.F.7(1)/IC/86(44) dated  

11th September,  1989.  In  the  said  Model  Recruitment  Rules  the  

following grades of Data Entry Operators with scales of pay and  

qualifications were shown:

S.  No.

Designation  of post

Pay  scale

1. Data  Entry  Operator  Grade ‘A’

Rs.1150- 25-1500

This  will  be  entry  Grade  for  Higher  Secondary    with knowledge  of  Data  Entry work. Direct Recruitment.

2. Data  Entry  Operator  Grade ‘B’

Rs.1350- 30-1440- 40-1800- EB-50- 2200

This  will  be  entry  grade  for  graduate  with  knowledge  of  Data  Entry  work  of  promotional Grade for  Data  Entry  Operator  Grade  ‘A’  failing  which by transfer on  deputation,  and

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percentage  by  direct  recruitment.

3. Data  Entry  Operator  Grade ‘C’

Rs.1400- 40-1800- EB-50- 2300

Promotional  Grade  from  Data  Entry  Operator  Grade  ‘B’  failing  which  by  transfer on  deputation.

4. Data  Entry  Operator  Grade ‘D’

Rs.1600- 50-2300- EB-60- 2660

Promotional  Grade  from  Data  Entry  Operator  Grade  ‘C’  failing  which  by  transfer on  deputation.

5. Data  Processing  Assistant  Grade ‘A’

Rs.1600- 50-2300- EB-60- 2660

Degree  of  a  recognized  University  or  equivalent  with  Science,  Mathematics,  Economics,  Commerce,  Statistics.  Direct recruitment.

6. The President of India in exercise of powers conferred 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,  commonly  known  as  the  Electronic  Data  

Processing,  Discipline  (Group  ‘C’  Technical  Posts)  Recruitment  

Rules, 1992 notified on 3rd April, 1992. Therein the scales of pay,  

qualifications of appointment, source of recruitment, etc. were  

shown as follows:

S.  No.

Designation  of post

Pay  scale

1. Data  Entry  Operator  Grade ‘A’

Rs.1150- 25-1500

This  will  be  entry  Grade  for  Higher  Secondary    with knowledge  of  Data  Entry work. Direct Recruitment.

2. Data  Entry  Operator  Grade ‘B’

Rs.1350- 30-1440- 40-1800- EB-50- 2200

This  will  be  entry  grade  for  graduate  with  knowledge  of  Data  Entry  work  of  promotional Grade for  Data  Entry  Operator  Grade  ‘A’  failing

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which by transfer on  deputation,  and  percentage  by  direct  recruitment.

3. Data  Entry  Operator  Grade ‘C’

Rs.1400- 40-1800- EB-50- 2300

Promotional  Grade  from  Data  Entry  Operator  Grade  ‘B’  failing  which  by  transfer on  deputation.

4. Data  Entry  Operator  Grade ‘D’

Rs.1600- 50-2300- EB-60- 2660

Promotional  Grade  from  Data  Entry  Operator  Grade  ‘C’  failing  which  by  transfer on  deputation.

5. Data  Processing  Assistant  Grade ‘A’

Rs.1600- 50-2300- EB-60- 2660

Degree  of  a  recognized  University  or  equivalent  with  Science,  Mathematics,  Economics,  Commerce,  Statistics.  Direct recruitment.

7. 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. The aforesaid Rules, 1978 was superseded  

by - the Staff Selection Commission (Electronic Data Processing  

Group ‘C’ Posts of Data Entry Discipline) Recruitment Rules, 1996.  

It was notified on 10th October, 1996. In the said Rules again  

similar scales of pay, qualifications, method of recruitment, etc.  

were shown which are as follows:

S.  No.

Designation  of post

Pay  scale

1. Data  Entry  Operator  Grade ‘A’

Rs.1150- 25-1500

This  will  be  entry  Grade  for  Higher  Secondary    with knowledge  of  Data  Entry work. Direct Recruitment.

2. Data  Entry  Operator  Grade ‘B’

Rs.1350- 30-1440- 40-1800- EB-50-

This  will  be  entry  grade  for  graduate  with  knowledge  of  Data  Entry  work  of

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2200 promotional Grade for  Data  Entry  Operator  Grade  ‘A’  with  6  years regular service  failing  which  by  transfer  on  deputation,  and  percentage  by  direct  recruitment.

3. Data  Entry  Operator  Grade ‘C’

Rs.1400- 40-1800- EB-50- 2300

Promotional  Grade  from  Data  Entry  Operator  Grade  ‘B’  with 3 years regular  service failing which  by transfer on  deputation.

4. Data  Entry  Operator  Grade ‘D’

Rs.1600- 50-2300- EB-60- 2660

Promotional  Grade  from  Data  Entry  Operator  Grade  ‘C’  failing  which  by  transfer on  deputation.

5. Data  Processing  Assistant  Grade ‘A’

Rs.1600- 50-2300- EB-60- 2660

Degree  of  a  recognized  University  or  equivalent  with  Science,  Mathematics,  Economics,  Commerce,  Statistics.  Direct recruitment.

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  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.

(ii) By  Office  Memorandum  dated  11th 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  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

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Operator Grade ‘A’, similarly 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  

promotional  post  of  Data  Entry  Operator  Grade  

‘D’.

For such promotion, the person is not only required to be  

qualified but must fulfill experience condition in the lower grade  

for promotion to the higher post.

9. 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. The  

person having qualification and experience cannot claim promotion  

to the higher post, his turn of promotion comes when a vacancy  

arises or in case there is a cause of action.  

10. Cases before Central Administrative Tribunal

After  rationalisation  of  pay  scales  of  Electronic  Data  

Processing posts as Data Entry Operator, number of persons, who  

were working against lower posts of Key-Punch Operator in the  

scale  of  pay  of  Rs.950-1500  and  redesignated  as  Data  Entry  

Operator Grade ‘A’, claimed that they are entitled for the scale  

of pay of Rs.1350-2200. Central Administrative Tribunal Benches  

situated in different States, passed contradictory orders. In many  

of the cases reliefs were granted by allowing the scale of pay of

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Rs.1350-2200 to those who are designated as Data Entry Operator  

Grade ‘A’ whereas some claims were rejected as well. Some of the  

examples are as follows:

(i) 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.

(ii) Central  Administrative  Tribunal,  Ahmedabad  

Bench,  Gujarat  in  Y.B.Vishnu  Prasad  &  Ors.  v.  

U.O.I.  &  Ors.  by  judgment  dated  1st September,  

1999  also  granted  prayer  directing  the  

authorities to pay the applicants scale of pay of  

Rs.1350-2200.

(iii) Central Administrative Tribunal. Hyderabad  

Bench  in  OA  No.957/1990  by  judgment  dated  10th  

December, 1992 allowed the benefits in favour of  

the employees-Data Entry Operators.

(iv) Identical relief was granted by the Central  

Administrative Tribunal, Lucknow Bench.

(v) OA  which was preferred before the Principal  

Bench  of  Central  Administrative  Tribunal,  New  

Delhi was, however, dismissed.

(vi) Many of the petitions against the aforesaid  

judgments by which Union of India moved before  

the Supreme Court were dismissed in limine.  

(vii)The  Central  Administrative  Tribunal  

Tribunal, Jabalpur Bench in  M.H. Bag & Ors. Vs.  

UOI  &  Ors.  (OA  No.142  of  95)  allowed  similar  

benefits  referring  the  decisions  of  different

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Benchs  of  Central  Administrative  Tribunal  of  

different States.

11. The  appellants  -Union  of  India,  Secretary,  Department  of  

Personnel & Training, Ministry of Public Grievances and Pensions  

and another brought to the notice of this Court the following  

judgments  and  order  passed  by  the  different  Benches  Central  

Administrative Tribunal:

(i) Judgment dated 28.09.1999 passed by CAT Jabalpur Bench  in O.A.No.142/1995;

(ii) Judgment dated 01.10.2001 passed by CAT Lucknow Bench  in O.A.No.150/2001;

(iii)Judgment dated 27.04.2004 passed by CAT Mumbai Bench  in O.A.No.737/2002;

(iv) Judgment dated 19.12.2006 passed by CAT Madras Bench  in O.A.No.352 to 354/2005.

12. The Central Administrative Tribunal, Madras Bench by judgment  

dated  7th November,  2008,  however,  dismissed  the  O.A.No.870  of  

2007. The said order was challenged before the High Court. 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.

13. In view of the decisions passed by the different Benches of  

Central Administrative Tribunal, some confusion appears to have  

taken  place  in  the  Department  of  Central  Government. By  its  

Circular  No.CGDA  No.EDP  /113/II(PC)  /vol.14  dated  4th January,

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2006,  the  office  of  Controller  General  of  Defence  Accounts  

intimated that the pay of the DEOs Grade A & B has to be fixed  

from 1.1.86 or from the date of appointment whichever is later and  

arrears are to be drawn accordingly. The said letter does not show  

that such decision has been taken by the Union of India or under  

proviso to Article 309 of the Constitution of India.

14. 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. He was redesignated as Data Entry Operator  

Grade ‘A’ w.e.f. 16th November, 1992. 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 could  

not claim higher post.

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

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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.

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.

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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-

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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.  

18. 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. He  

was redesignated as Data Entry Operators Grade ‘A’. He also moved  

before the Central Administrative Tribunal, Bangalore Bench for  

similar relief. The Central Administrative Tribunal by the order  

dated  12th March, 2010  allowed the  said O.A.No.99  of 2007.  On  

challenge made by the appellant-Union of India, Division Bench of

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High  Court  of  Karnataka,  by  the  impugned  judgment  dated  22nd  

September, 2010 dismissed the writ petition.  

19. 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  

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. 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. A Division Bench of the Patna High  

Court,  by  the  impugned  judgment  dated  22nd  February,  2012  

dismissed the writ petition being C.W.J.C. No. 17230 of 2009.

20. Learned  counsel  appearing  on  behalf  of  the  appellants  

submitted that the post of Data Entry Operator Grade ‘B’  with pay  

scale of Rs.1350-2200 is higher post and the respondents have no  

right to claim the higher pay scale merely on the ground that they  

are Graduates and that they were performing similar duties.  

21. On the other hand, according to the respondents, in view of  

different  decisions  rendered  by  the  Central  Administrative  

Tribunal, Madras Bench, etc. they have been rightly allowed the  

pay scale of Rs.1350-2200 from the due date.

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22. It was further contended 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.  

Reliance was placed on one another judgment passed by the Central  

Administrative Tribunal as affirmed by the High Court.

23. We  have  considered  the  rival  contentions  raised  by  the  

learned counsel for the parties and gone through the material  

placed on record.

24. Prior to 1986 there were in existence two grades of operators  

viz. Junior Key Punch Operators in the scale of  Rs.260-400 and  

Senior Key Punch Operators in the scale of Rs.350-560. The pay  

scales of all these posts was revised to Rs.950-1500 and Rs.1200-

2040 respectively w.e.f. 1.1.1986 pursuant to recommendation made  

by the Fourth Pay Commission. 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.  

 25. With  a  view  to  consider  different  pay  scale  on  the  

recommendations  of  the  Fourth  Pay  Commission,  a  Committee  was  

constituted to suggest reorganization of the existing Electronic  

Data Processing Posts. On the recommendation, the Government of

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India vide Office Memorandum dated 11.9.1989 made the following  

restructure for Electronic Data Processing Posts:

S.No. Designation  of  the  post  Data  Entry Operator  

Pay Scale Qualification/Source  of  Entry

1 Data  Entry  Operator  Grade-A

1150-1500 This  will  be  entry  grade  for  higher  secondary  with  knowledge  of  Data  Entry  work.

2 Data  Entry  Operator  Grade-B

1350-2200 This  will  be  entry  grade  for  graduates  with  knowledge  of  Data  Entry  work  –  Promotional  grade  for  Data  Entry  Operator  Grade-A.

Subsequently,  Rules  under  proviso  to  Article  309  of  the  

Constitution  of  India  has  been  framed.  From  the  aforesaid  

memorandum and Rules it is clear that qualification for Data Entry  

Operator Grade-A is higher secondary whereas the qualification for  

Data Entry Operator Grade-B is graduation and it is a promotional  

post from Data Entry Operator Grade-A persons who have six years  

of experience.  

26. The  classification  of  posts  and  determination  of  pay  

structure comes within the exclusive domain of the Executive and  

the Tribunal cannot sit in appeal over the wisdom of the Executive  

in prescribing certain pay structure and grade in a particular  

service.  There  may  be  more  grades  than  one  in  a  particular  

service.   

27. The Government on consideration of the report submitted by  

the  Committee,  issued  Office  Memorandum  dated  11.9.1989

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prescribing therein different pay scales and different grades of  

Data Entry Operators besides the mode and manner of recruitment to  

and  qualifications  for  each  entry  grade  post  as  well  as  

eligibility and experience for promotional grades. The Court or  

the Tribunal, in our opinion, would be exceeding its power of  

judicial review if it sits in appeal over the decision of the  

Executive in the matter of prescribing the pay structure unless it  

is  shown  to  be  in  violation  of  Articles  14  and  16  of  the  

Constitution of India.  

Difference in pay scales based on educational qualifications,  

nature  of  job,  responsibility,  accountability,  qualification,  

experience and manner of recruitment does not violate Article 14  

of the Constitution of India.  

28. Before  the  CAT,  Bombay  Bench  a  chart  dated  8.1.1999 was  

produced wherein certain additional duties were listed which were  

to be performed by Data Entry Operators Grade-B over and above the  

duties assigned/prescribed for Data Entry Operators Grade-A were  

listed.  Considering  the  educational  qualifications  prescribed  

under the Office Memorandum dated 11.9.1989 and the rules for  

appointment to the posts of Data Entry Operators, Grade-B and the  

order assigning duties, we are of the view that classification of  

Data Entry Operators in different grades, does not violate any  

right  of  equality  guaranteed  by  Articles  14  and  16  of  the  

Constitution  nor does  it violate  the constitutional  protection  

against  hostile  or  arbitrary  discrimination.  Therefore,  no

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exception can be taken to the difference in the pay structures of  

entry grade of Data Entry Operators and the next higher grades.  

CAT Benches in most of the impugned orders had failed to notice  

the background of rationalization of pay scales of Electronic Data  

Processing Posts.  In these cases, both the Tribunals and the High  

Court failed to notice 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. The pay scales of  

these posts were revised to 950-1500 and Rs.1200-2040 respectively  

w.e.f. 1.1.1986.  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. Their  

posts  were  re-designated  as  Data  Entry  Operators  Grade-A  with  

benefit of other revision of the scale of Rs.1150-1500. In fact  

double  benefit  was  granted  to  them  w.e.f.  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. 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. 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. 1.1.1986. Irrespective of that different Benches of the CAT

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without  discussing  the  nature  of  job,  responsibility,  

accountability and status and rank of the one or other posts of  

different Data Entry Operators i.e. Grade-A or Grade-B held that  

they were performing similar duties and are hence entitled for  

equal pay and eligible for Rs.1350-2200 on the principle of equal  

pay for equal work. Both the Tribunal and the High Court also  

failed to notice that the Data Entry Operator Grade-B in the pay  

scale of Rs.1350-2200 is a promotional grade and only those who  

have six years of experience are eligible for such promotion. The  

promotional grade and entry grade cannot have the same pay scale  

and in absence of declaration that rationalization of pay scale of  

Electronic Data Processing posts made by Office Memorandum dated  

11.9.1979 is illegal, no such benefit could have been granted.

29. Both the Tribunal and the High Court also failed to notice  

the statutory rules framed under proviso to Article 309 of the  

Constitution of India issued by the order of the President of  

India  vide  notification  dated  3rd April,  1992  and  notification  

dated  10.10.1996  from  Department  of  Personnel  and  Training,  

Ministry of Personnel, P.G. and Pensions.   

Both the Tribunal and the High Court also erred in ignoring  

the law laid down by this Court in plethora of judgments that the  

“principle of equal pay for equal work” is not always applicable  

even if duties and functions are of similar nature.

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In  Mewa  Ram  Kanojia  v.  All  India  Institute  of  Medical  

Sciences and others, (1989) 2 SCC 235 this Court has inter alia  

held as follows:-

“5. While considering the question of application of  principle of “Equal pay for equal work” it has to be borne  in mind that it is open to the State to classify employees  on  the  basis  of  qualifications,  duties  and  responsibilities  of  the  posts  concerned.  If  the  classification  has  reasonable  nexus  with  the  objective  sought to be achieved, efficiency in the administration,  the State would be justified in prescribing different pay  scale but if the classification does not stand the test of  reasonable  nexus  and  the  classification  is  founded  on  unreal, and unreasonable basis it would be violative of  Articles 14 and 16 of the Constitution. Equality must be  among the equals. Unequal cannot claim equality.  

7. Even assuming that the petitioner performs similar  duties and functions as those performed by an Audiologist,  it is not sufficient to uphold his claim for equal pay. As  already observed, in judging the equality of work for the  purposes of equal pay, regard must be had not only to the  duties  and  functions  but  also  to  the  educational  qualifications, qualitative difference and the measures of  responsibility prescribed for the respective posts. Even  if the duties and functions are of similar nature but if  the  educational  qualifications  prescribed  for  the  two  posts are different and there is difference in measure of  responsibilities, the principle of “Equal pay for equal  work” would not apply………..”

30. It was further re-affirmed in a three-Judge Bench judgment of  

this Court in  Shyam Babu Verma & Others v. Union of India &  

Others, (1994) 2 SCC 521 wherein the Court held:

9……………The nature of work may be more or less the same  but scale of pay may vary based on academic qualification  or  experience  which  justifies  classification.  The  principle  of  ‘equal  pay  for  equal  work’  should  not  be  applied in a mechanical or casual manner. Classification  made by a body of experts after full study and analysis of

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the work should not be disturbed except for strong reasons  which indicate the classification made to be unreasonable.  Inequality  of  the  men  in  different  groups  excludes  applicability of the principle of ‘equal pay for equal  work’ to them. The principle of ‘equal pay for equal work’  has been examined in State of M.P. v. Pramod Bhartiya1 by  this Court. Before any direction is issued by the Court,  the  claimants  have  to  establish  that  there  was  no  reasonable basis to treat them separately in matters of  payment of wages or salary. Then only it can be held that  there has been a discrimination, within the meaning of  Article 14 of the Constitution.”

31. In fact the case of  Shyam Babu Verma was similar to the  

present case. In the said case the Third Pay Commission placed  

Pharmacists Grade-B into two categories and prescribing two scale  

of  pay  –  (i)  For  fully  qualified  pharmacist  who  possess  the  

qualification mentioned under the Act and (ii) For unqualified  

Pharmacists, those covered by clause (d) of Section 31 of the Act.  

The said recommendation was given effect from 1.1.1973.  In the  

said case it was urged on behalf of the petitioners that based  

on    the    principle    of    equal   pay    for  equal  

work they were entitled to the pay scale of Rs.330-550 which was  

the scale of pay to the other Pharmacists.  In the said case after  

making the above said observation this Court further held:

“10. In the facts of present case there is no scope for  applying the principle of ‘equal pay for equal work’  when the petitioners belong to a separate category of  Pharmacists  with  reference  to  the  qualifications  prescribed under the Act. According to us, there is no  element  of  arbitrariness  in  the  decision  of  the  respondents  to  implement  two  scales  of  pay  for  two  categories of Pharmacists Grade-B. It does not violate  any of the provisions of the Constitution calling for  interference by this Court.

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11.  Although  we  have  held  that  the  petitioners  were  entitled only to the pay scale of Rs 330-480 in terms of  the recommendations of the Third Pay Commission w.e.f.  January 1, 1973 and only after the period of 10 years,  they became entitled to the pay scale of Rs 330-560 but  as they have received the scale of Rs 330-560 since 1973  due  to  no  fault  of  theirs  and  that  scale  is  being  reduced in the year 1984 with effect from January 1,  1973, it shall only be just and proper not to recover  any excess amount which has already been paid to them.  Accordingly, we direct that no steps should be taken to  recover  or  to  adjust  any  excess  amount  paid  to  the  petitioners due to  the fault of the respondents, the  petitioners being in no way responsible for the same.”

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.  

………………………………………….J.                      (SUDHANSU JYOTI MUKHOPADHAYA)

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………………………………………….J.                (PRAFULLA C. PANT)

NEW DELHI;

DECEMBER 09, 2014.