M.M. Kumar, J. - (1.) This petition filed under Article 226 of the Constitution challenges order dated 18.8.2004 (P-9) passed by the Central Administrative Tribunal, Principal Bench, New Delhi (for brevity, 'the Tribunal') in a bunch of Original Applications including the OA filed by the applicant-petitioners, declining their claim of parity of pay scales. The applicant-petitioners, who have been working as Data Entry Operators Grade-B in the Directorate of Census Operations, Union Territory, Chandigarh, have also sought quashing of order dated 6.1.1998 (P-4), vide which the pay scale of Data Entry Operators Grade B has been revised from Rs. 1400-2300 to Rs. 4500- 7000 instead of Rs. 5000-8000, with effect from 1.1.1996. They have also challenged order dated 28.5.2002 (P-5) declining their request for grant of scale of Rs. 5000-8000 w.e.f. 1.1.1996. Still further a mandamus has been sought commanding the respondents to place the applicant- petitioners in the pay scale of Rs. 5000-8000 w.e.f. 1.1.1996 and to pay arrears with interest.
(2.) Brief facts of the case are that the applicant-petitioners are working as Operators Grade-B (commonly known as 'the Date Entry Operators') in the Directorate of Census Operations, U.T. Chandigarh. By a notification dated 7/14.12.1984, statutory rules known as 'the Office of the Registrar General, India and the Offices of the Directorate of Census Operations in States and Union Territories (Operator) Recruitment Rules, 1984 (for brevity, 'the Rules') were notified (P-1). The Rules were applicable to the post of Operator in the office of the Registrar General, India, and each of the offices of the Directors of Census Operations in the States and Union Territories, has been treated as separate and an independent unit as specified in the Appendix to the Schedule appended to the Rules. For direct recruitment to the said post, the requisite qualification prescribed was possession of degree of a recognised University or equivalent and proficiency as Operator of Key punching/English typewriting, which was to be assessed through a prescribed qualifying test. The Schedule appended with the Rules further provided the pay scale of Rs. 330-10-380-EB-12-500-15-560 for the post of Operator. The said post was classified as a 'General Central Service Group 'C' Non-Gazetted Non-Ministerial'.
(3.) The Fourth Pay Commission constituted by the Central Government, in Chapter XI of its recommendations made certain observations with regard to 4000 posts of Electronic Data Processing (for brevity, 'EDP') available in 21 Ministeries/Departments. In fact, the Fourth Pay Commission found that there were a large number of EDP posts at different levels in different departments such as National Informatics Centre (NIC), Department of Electronics, Registrar General of India (Ministry of Home Affairs), Ministry of Defence, Planning Commission and Department of Statistics, which were in 14 pay scales at different levels ranging from Rs. 260-400 to Rs. 650-950. It was felt necessary that there should be regularly constituted service for staff engaged in the EDP work. Accordingly, recommendation was made to constitute a cadre of experienced employees trained in EDP and other related areas of work. The task was to be undertaken by the Department of Electronics.;