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REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 50 OF 2015 (arising out of SLP(C) No.1707 of 2014)

Union of India Through Secretary & Ors. … APPELLANT

VERSUS

Anju Jain & Anr.      … RESPONDENTS

J U D G M E N T  

SUDHANSU JYOTI MUKHOPADHAYA, J.

Leave granted.

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 passed by  

the  Central  Administrative  Tribunal,  Principal  Bench  

(hereinafter referred to as, ‘the CAT’) and dismissed the writ  

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  

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 the Economic Reform  

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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  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 against the vacant post of  

Computor 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 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  

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  

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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.

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  

appointment.   

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.  

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  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 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  Operator,  Grade ‘B’. Therefore, the submission of the  respondents  that  there  was  difference  between the posts occupied by the applicants  

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and other Data Entry Operators is merely a  technical  one  with  no  consequence  and,  therefore, it is rejected.  Consequently, we  hold that the applicants shall be treated as  Data Entry Operators 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 also issue necessary  orders 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  

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.

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9. The learned counsel for the respondents contented that  

the  respondents  were  initially  appointed  as  Junior  Machine  

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 OA 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.   

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  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.

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 of  

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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  

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  

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:

“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  

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following pay structure for Electronic Data Processing  posts:-

S.  No.

Designation  of post

Pay  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.

2. If as a result of above review, pay scale of any  post undergoes a change the pay of existing incumbents  

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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  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.

4. 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.”

13. It was further noticed that in view of the aforesaid OM  

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

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  noticed  the  aforesaid  guidelines  and  Rules  in  

Secretary,  Department  of  Personnel,  Public  Grievances  &  

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Pension  &  Anr.  Vs.  T.V.L.N.  Mallikarjuna  Rao  this  Court  

observed as follows:

“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 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 and  required to be qualified but must fulfill experience  condition in the lower grade for promotion to the  higher post.”

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.  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-

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designated as Data Entry Operator Grade ‘B’ in the pay scale  

of Rs.1150-1500 w.e.f. 01.01.1986. 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.

15. Admittedly, the posts of Junior Machine Operator, etc.  

were abolished and, therefore, they were adjusted to the post  

of Computor. Though the respondents were adjusted against the  

posts of Computor w.e.f.04.11.1997, the adjustment was so made  

with a condition that 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.

16. The  respondents  have  taken  plea  that  their  adjustment  

against the vacant post of Computor 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 designation  

of post of Computor 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  

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as per ACP scheme and granted by the competent 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 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.

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

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

NEW DELHI;

JANUARY 6, 2015.

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