JAGDISH SINGH KHEHAR,J. - (1.) THE present controversy is yet another seniority dispute amongst employees of the Customs and Central Excise Department. The controversy herein has emerged on account of a reconstitution of cadres. In the first instance, a separate cadre was constituted, out of the existing ministerial cadre, for discharging electronic data processing responsibilities. This was necessitated by the decision of the department to introduce computerization, in its functioning. The instant computerization project, which commenced in 1991 -92, seems to have been fully implemented in or around 2002 -03. Consequent upon achievement of the above objective, the separate cadre so created, was sought to be re -amalgamated with the existing ministerial cadre. The above noticed bifurcation and re - amalgamation, resulted in a co -incidental career advancement, for those who had accepted to break away from the original ministerial cadre. Some of those who were originally placed at inferior positions in the seniority list of the original ministerial cadre, acquired superiority over their counterparts (in the original ministerial cadre), consequent upon their promotion within the cadre of data entry operators, which resulted in their acquiring a higher position in seniority, over and above those who were senior to them in the original ministerial cadre. Before embarking upon the niceties of the seniority dispute, it is imperative to delve upon the reasons of the afore -stated bifurcation, and re -amalgamation of cadres. The instant aspect of the matter is accordingly being dealt with, in the following paragraphs.
(2.) THE ministerial cadre as it originally existed, comprised of posts of Deputy Office Superintendents (Levels 1 and 2), Upper Division Clerks, Lower Division Clerks, Stenographers (Senior Grade and Ordinary Grade), Draftsmen etc. Conditions of service of members of the original ministerial cadre, were regulated by the Central Excise and Land Customs Department Group 'C' Posts Recruitment Rules, 1979 (hereinafter referred to as, the 1979 Rules). Members of the original ministerial cadre regulated by the provisions of the 1979 Rules were eligible for promotion to the post of Inspector (Ordinary Scale) - an executive cadre post. And thereupon, even further promotion, in the executive cadre.
(3.) CONSEQUENT upon the recommendations made by the Fourth Central Pay Commission in paragraph 11.45 of its report, the Government of India took upon itself the responsibility to examine the rationalization of pay scales for posts responsible for discharging work relating to data entry. The task sought to be undertaken was to prescribe uniform pay scales and designations for electronic data processing posts, in consultation with the Department of Personnel. Consequent upon the suggestions made by a committee set up by the Department of Electronics in November, 1986, the Government of India decided to introduce the following uniform pattern for Electronic Data Processing Posts: - JUDGEMENT_87_LAWS(SC)3_2015.htm In continuation of the aforesaid office memorandum dated 11.9.1989, the Government of India issued a further memorandum dated 8.1.1990, suggesting job descriptions for various levels of data entry operators and programming staff, which could be adopted by different ministries/departments of the Government of India, with suitable modifications to meet their individual requirements. The suggestions incorporated in the annexures appended to the office memorandum dated 8.1.1990, revealed five categories of data entry operators, differentiated and distinguished as under: - "1. Data Entry Operator -A: 1150 -25 -1500 All types of data preparation and validation including alpha -numeric data entry, graphic data entry, voice -entry, optical entry etc., and associated verification, and pre -programmed validation, text processing etc., on any type of machines/equipment/instrument endowed with facilities for data entry and/or preparation for data entry and/or pre -programmed validation of entered data including key punching machine, key to magnetic media machine, key to optical media machine, any type of computer/EDP equipment, any computer based equipment/computer based instrument/computer based online or real time systems/computer network based systems. 2. Data Entry Operator -B: 1350 -30 -1440 -40 -2200 In addition to those jobs mentioned for Data Entry Operator -A, Pooling, Counting, Collating, Coding, Console Operation, assisting in the preparation of Statistics, billing, input/output handling etc., on any type of machine/equipment/instrument endowed with facilities for data entry or preparation for data entry and/or validation of entered data as specified under the description for Data Entry Operator -A. 3. Data Entry Operator -C: In addition to those jobs and machine equipment instrument mentioned for Data Entry Operator -B, training of operators, scheduling of jobs and more skill -based validation of alpha -numeric or graphic data as determined by the needs of the organization. 4. Data Entry Operator -D: In addition to those jobs mentioned for Data Entry Operator -C, programming relating to data preparation and/or validation, and for a few staff who are considered to have the required aptitude and depending upon the need, supervision of the work of Data Entry Operator -A, B and C. 5. Data Entry Operator -E: Supervision of the work of data preparation, scheduling and distribution of jobs among other Data Entry Operators, planning, scheduling, coordination and implementation of interrelated and integrated data preparation jobs, programming relating to data preparation and/or validation traction and if necessary to do supporting job of data entry, verification, validation etc. depending on exigencies of work." In order to implement the recommendations made by the Fourth Central Pay Commission, the Central Board of Excise and Customs, Department of Revenue, Ministry of Finance, framed the Electronic Data Processing Posts (Group 'C' Technical Posts) Recruitment Rules, 1992 (hereinafter referred to as, the 1992 Rules). The aforesaid rules were framed by the President of India in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India. Rule 5 of the 1992 Rules provided, that all persons holding the ministerial posts of Key Punch Operators, Terminal Operators and Lower Division Clerks, who were performing the duties of Terminal Operators prior to the commencement of the 1992 Rules, would be deemed to be appointed as Data Entry Operators Grade 'A'. Rule 5 of the 1992 Rules further postulated, that all Data Entry Operators Grade 'A' appointed at the time of the commencement of the 1992 Rules, would rank en - block senior to those appointed after the commencement of the Rules.;