SUDHANSU JYOTI MUKHOPADHAYA, J. - (1.)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.
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 and 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: JUDGEMENT_23_LAWS(SC)12_2014.htm 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 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.