SUDHANSU JYOTI MUKHOPADHAYA, J. - (1.) 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 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 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. 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.;