R D JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) AS these three OAS are founded on common facts with identical question of law, to avoid multiplicity and conflicting opinions, are being disposed of by this common order.

(2.) In all these OAs applicants either Punch Card Operators or Punch Card Supervisor, challenge respondents order dated 25.5.2006, whereby their request to placement in the grade of Data Entry Operator (DEO) Grades 'B' and 'C' from the date they have completed six and nine years of service with consequential benefits has been turned down.

(3.) APPLICANTS, who joined the service with Computer Centre in 1983, have been by their nomenclature designated as Punch Card Operators but with the introduction of electronic technology and card systems in the field of computers adopted the trade of Electronic Data was kept open to be decided by a special committee by the IV Pay Commission. Accordingly, a committee, namely Seshagiri Committee was constituted, which in its suggestions adopted, on restructuring, the pay scale of EDP staff. The report of the said committee was published on 11.9.89 and recommended EDP personnel to be re-designated as DEOs. Those who had not completed six years of service as on 11.9.89 were given Grade 'A' and those completed six years service but short of nine years had been placed in Grade 'B' and lastly who have completed 9 years and more were given Grade 'C'. As applicants had completed six years service on 11.9.1989 were given grade 'B' and their pay was revised accordingly. A seniority list was issued and when applicants had completed nine years' service in 1992 neither they had been given Grade 'C' nor their pay has been fixed w.e.f. 1.1.1986. Several OAs preferred, including Baldev Raj and Ors. v. The Secretary, Ministry of Statistics and P.I. OA No. 603/2005, decided on 6.10.2005, wherein respondents have accorded the benefit from retrospective date on completion of nine years to the incumbents vide Statistics Department implementation order dated 31.1.2006. In one of the Full Bench decisions, OM of 11.9.1989 was considered on 31.7.2000, in Babu Lal v. Union of India and Ors. OA No. 2639/1999, of which orders have been upheld in CWP No. 3118/2002 on 31.7.2002 by the High Court has been placed reliance by a coordinate Bench in OA No. 20/2005 Dilbagh Singh Nirmal v. Union of India and Ors. decided on 27.9.2005, wherein respondents have been directed to pass an order in consonance with the decision, which having been implemented, applicants seek extension, being similarly circumstanced, in the wake of the decision of the Constitution Bench of the Apex Court in K.C. Sharma and Ors. v. Union of India and Ors. 1998 (1) SLJ SC 54.