M. JAGANNADHA RAO, J. - (1.) THIS review application has been filed by the petitioners in Special Leave Petition (Civil) No. 16646 of 1995 to review the order dated 1-9-1995 dismissing the said SLP at the stage of admission. The basis for the said review petition is as follows. Under the impugned order dated 2-7-1990, the Union Government had done two things: (1) it changed the designation of the Review petitioners from Data Processing Assistants in the National Sample Survey Office (NSSO) to Data Entry Operators (and gave them a particular scale) which according to the petitioners amounted to reversion to an entry grade below that of Data Processing Assistants to which they were recruited; (2) it changed the designation of certain other officers in NSSO from Data Processing Supervisors into Data Processing Assistants (and gave the latter a particular scale of pay). The petitioners, who fall under (1) above filed the SLP(C) No. 16646 of 1995, questioning their redesignation as Data Entry Operators, the same was dismissed in limine on 1-9-1995. But in SLP(C) No. 18948 of 1995 filed by the Data Processing Supervisors falling under (2) above questioning their redesignation, notice was ordered and later, leave was granted, the matter was registered as Civil Appeal No. 16741 of 1995 and the appeal was ultimately allowed on 9-12-1996 (reported in 1997 AIR SCW 1990) setting aside their redesignation as Data Processing Assistants and the particular scale of pay that was given to them. The petitioners contend in this Review Petition that, on the same analogy, the redesignation of petitioners as Data Entry Operators Grade B and giving them a lower scale is also bad in law. Petitioners also rely upon a subsequent order dated 15-5-1996 of the Government of India by which the impugned order dated 2-7-1990 has been modified in so far as Punch Key Operators in the Field Division of NSSO are concerned.
(2.) BECAUSE of the above material, notice was issued in this Review Petition on 3-3-1997. After hearing counsel, we are of the opinion that the above material is sufficient for allowing the review petition. Accordingly we allow the review petition. The SLP is taken up and leave is granted. In fact, with the consent of counsel, the appeal itself has been heard as the parties have filed copies of the pleadings, documents and affidavits. We shall, therefore, proceed to decide the appeal. During the pendency of this review petition, Government of India have passed a fresh order dated 11-3-1998 modifying the impugned order dated 2-7-90. Arguments have been submitted before us in regard to the order dated 11-3-1998. We may mention a few more facts. The appellants are 48 in number and have all been directly recruited in 1978 and thereafter as 'Data Processing Assistants' in the scale of Rs. 330-560 in the Data Processing Division of the National Sample Survey Organisation (hereinafter called the NSSO), Department of Statistics, Ministry of Planning, Government of India. They were so recruited under the NSSO (Data Processing Division and Survey, Design and Research Division) (Data Processing Assistant) Rules, 1977 (hereinafter called the 1977 Rules). The next stage of promotion is to the post of Data Processing Supervisor in the scale of Rs. 425-800 which post is governed by the NSSO (Data Processing Division and Survey, Design and Research Division) (Data Processing Supervisor) Recruitment Rules, 1978 (hereinafter called the '1978 Rules'). Thereafter the promotion is to the post of Data Processing Superintendent.
(3.) THE appellants put on several years of service as Data Processing Assistants from various dates after 1978 and in the year 1990, the impugned order dated 2-7-90 was passed. THE said order stated that (i) Key Punch Operators in Field Division of NSSO in Rs. 950-1500 would be called Data Entry Operators Grade B in the scale of Rs. 1350-2200 and (ii) the existing Data Processing Assistants of NSSO like the appellants who were in the scale of Rs. 1200-2040 would now get the scale of Rs. 1350-2200; (iii) under the same order the existing Data Processing Supervisors were redesignated as Data Processing Assistants of NSSO and were to get the scale of Rs. 1600-2660; (iv) similarly Data Processing Superintendents in the scale of Rs. 1640-2900 would now be called Senior Data Processing Assistants in the scale of Rs. 2000-3200. The officers who were immediately above the appellants namely Data Processing Supervisors as well as the appellants, Data Processing Assistants moved the Central Administrative Tribunal. The former filed O.A. No. 755 of 1990 challenging their redesignation as Data Processing Assistants and the denial of the scale of Rs. 2000-3200. The O.A. was dimissed on 7-3-1995 and they filed SLP(C) No. 18948 of 1995 which, after leave was granted, was registered as Civil Appeal No. 16741 of 1995. By judgment dated 9-12-1996 (reported in 1997 AIR SCW 1990), the said appeal was allowed holding that the erstwhile Data Processing Supervisors could not have been designated as Data Processing Assistants. It was also held that as they were holding the scale of Rs. 1400-2300 they were entitled to the revised scale of Rs. 2000-3200 meant for Data Processing Supervisors and not the scale of Rs. 1640-2900 w.e.f. 1-1-1986 proposed to them in the order dated 2-7-1990 treating them as Data Processing Assistants.;