9911796707
TMI Blog1998 (9) TMI 659X X X X Extracts X X X X X X X X Extracts X X X X ..... (1) above filed the SLP (C) No. 16646 of 1995, questioning their redesignation as Data Entry Operators, the same was dismissed in limini 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 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. Accord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g 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 ₹ 2000-3200. The O.A. was dismissed 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, 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 ₹ 1400-2300 they were entitled to the revised scale of ₹ 2000-3200 meant for Data Processing Supervisors and not the scale of ₹ 1640-2900 w.e.f. 1.1.1986 proposed to them in the order dated 2.7.1990 treating them as Data Processing Assistants. 7. The appellants, the Data Processing Assistants in the scale of ₹ 1200--2040 filed O.A. No. 625 of 1990 in the Tribunal claiming that their redesignation as Data Entry Operators Grade B was illegal and that they were entitled to the revised scale of ₹ 1600-2660 meant for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ready recruited to the posts. Otherwise, it would be arbitrary and violative of Articles 14 and 16 of the Constitution of India. 10. On the otherhand, learned Senior Counsel for the Union of India, Sri P.P. Malhotra contended that the administrative order dated 2.7.1990 was not inconsistent with the Rules of 1977 or 1978, that two new streams - the Data Processing stream and the Data Entry stream were recommended by the Dr. Seshagiri Committee in 1987 and on 11.9.89 by the Finance Ministry and in implementation thereof, the order dated 2.7.1990 was passed by the Ministry of Planning (Statistics Department). The order dated 2.7.1990 fixed slightly higher essential qualifications which the appellants did not possess. The appellants were doing only data entry work and not data processing work, though they were recruited as Data Processing Assistants. Data Processing Assistants like the appellants in scale of ₹ 1200-2040 were, therefore, rightly brought into the Data Entry stream and redesignated as Data Entry Operators Grade B in scale of ₹ 1350-2200. At the same time, Data Processing Supervisors in scale 1400-2300 were redesignated as Data Processing Assistants as an e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Grade B as in the 2.7.90 order, they will now be in four new grades. In the Data Entry stream, first level of posts will be in Grade IV in scale ₹ 1350-2200 (143 posts in all departments, including NSSO); the second will be Grade III in scale ₹ 1400-2300 (with 95 posts); the third will be Grade II with scale ₹ 1600-2660 (with 60 posts) and the fourth will be Grade I in scale ₹ 2000-3200 (with 120 posts). The appellants who were recruited in 1978 or later as Data Processing Assistants and who were in the scale of ₹ 1200-2040 in 1990 would now be placed in the Data Entry Operators Grade IV with the scale ₹ 1350-2200. Over a period, depending upon the number of years of regular service, they could get promotion to Grade III, then to Grade II and finally to Grade I. According to the learned senior counsel for the Union of India, their position improved from what it was when they were Data Processing Assistants inasmuch as, in the Data Entry stream, they have now four new grades. The appellants were mainly doing Data Entry work all these years and could not be continued in the Data Processing stream after 2.7.90. 12. Coming to the Data Processing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1995. The principle of that case should be applied to the case of the appellants. The impugned orders dated 2.7.1990 and 16.3.1998 created a vacuum in the posts of Data Processing Assistant, particularly after the judgment of this Court in Civil Appeal No. 16741 of 1995 dated 9.12.1996, which was never intended under the Rules. The order of 16.3.1998 is worse than the order dated 2.7.1990 inasmuch as now the appellants will have to start from Grade IV in scale of ₹ 1350-2200 and move to Grade III in scale of ₹ 1400-2300 and only then to the scale of ₹ 1600-2660 given to Grade II Data Entry OperatOrs. They could never be redesignated as Data Processing Assistant because that post is now placed in a different stream. 14. During the final submissions, Sri P.P. Malhotra, learned senior counsel for the Union of India, stated across the bar that the Government was prepared to place these 48 appellants of NSSO in the Grade III of Data Entry Operators grade III in scale of ₹ 1400-2300 rather than in Grade IV bearing the scale of ₹ 1350-2200. The said stand was taken in view of the upward revision of the pay scales pursuant to Pay Commission recommendations ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... various departments of Government, including NSSO. The Dr. Seshagiri Committee (1987): 22. The Dr. Seshagiri Committee initially appointed a Sub Committee to go into various questions. The said Sub Committee gave the following significant directions stating that there should be two streams - one relating to Data Entry and another relating to Data Processing. 23. The Sub Committee stated in para 9(6) referring to Date Entry Operators, as follows: Some EDP personnel at present viz. KPO/DEOs (Key Punch Operators and Data Entry Operators) are performing work of a repetitive nature and which does not involve any S T (Science Technology) content in it. Treating such staff as S T, with attendant benefits as at present available in some of the S T departments, has created an anomalous structure vis-a-vis other clerical staff, who may be working on electronic typewriters with memory, word processors, direct entry machines, terminals etc.... It is recommended that KPOs/DEOs be classified as Data Entry OperatOrs. The representative from the Department of Personnel was strongly of the view that this category could not be treated as S T since they were performing job ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the recommendations of the Sub-committee on 15.5.1987. At that meeting, apart from Dr. Seshagiri, ten other senior officials including Director(PP), Department of Personnel Training, Director-General, Central Statistical Organisation, Director (NTC) were present. The said Committee issued a tabular statement containing the final recommendations consisting of (I) Data Entry Operators Grade 'AA' in scale of ₹ 1150-1500; Grade A: 1350-2200 direct recruitment for Graduates; Grade B 1400-2300 by promotion; Grade C: ₹ 1600-2660 (promotion); Grade D: ₹ 2000-3200 (promotion); Grade E: ₹ 2375-3500 (Selection grade) (II) Data Processing Assistants A: ₹ 1640-2900 (Direct entry for graduates with knowledge of programming/ system operations; Data Processing Assistants B: ₹ 2000-3200 etc. 25. Nowhere in the above report, it was recommended that in view of the slightly different qualifications now fixed for Data Processing Assistants, those specifically recruited earlier under statutory rules as Data Processing Assistants were to be dislodged therefrom and be brought into Data Entry Stream. Even with regard to extra qualifications now prescribed, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 notification of Ministry of Planning/Department of Statistics: 29. The grievance of the appellants started with this order of the Department of Statistics dated 2.7.1990 by the Ministry of Planning. As already stated, the order dated 2.7.1990 redesignated the Data Processing Supervisors in the scale of ₹ 1400-2300 as Data Processing Assistants in scale of ₹ 1600-2660 rather than in the revised scale of Data Processing Supervisor of ₹ 2000-3200, Likewise the Data Processing Assistants in scale of ₹ 1200-2040 were redesignated as Data Entry Operators Grade B in scale of ₹ 1350-2200 rather than in the revised scale meant for Data Processing Assistants ₹ 1600-2660. The reduction in the scale was also an additional grievance of the appellants. 30. The order dated 2.7.90 does not by itself assign any reason whatsoever as to why, - at any rate, in the NSSO where there were although two streams. - the Data Processing Supervisors should be redesignated as Data Processing Assistants or as to why those like the appellants who were directly recruited as Data Processing Assistants in NSSO should be redesignated as Data Entry Operators Grade B. It was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te judgments on 7.3.1995. The affected parties moved the Supreme Court. As already stated the appeal preferred by the former Data Processing Supervisors has since been allowed. The first modification of 2.7.1990 order by order dated 15.5.1996 upon objections raised by the Finance Ministry on 11.9.1989: 35. The first modification of the order dated 2.7.90 came on 15.5.96. This order related to the Field Operators Division of the Department of Statistics, Ministry of Planning. In para 2 of this order, it was admitted that the Department of Personnel Training and the Ministry of Finance, objected to the order dated 2.7.1990 as being not in consonance with the O.M. of the Ministry of Finance dated 11.9.1989. The Government modified the 2.7.90 order by stating that: (i) Out of the Key Punch Operators (KPO) in the scale of ₹ 950-1500, 5 of them will be designated as Data Entry Operators Grade A in the revised scale of ₹ 1150-1500; 2 as Data Entry Operators Grade B in scale of ₹ 1350-2200 and 2 as Data Entry Operators Grade C in the scale of ₹ 1400-2300. 36. The appellants strongly rely on this order to contend that if the KPOs who in 1990 were i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the order dated 2.7.1990 was not in consonance with the orders of the Finance Department dated 11.9.89, nothing was done to meet the objections. While retaining the status quo as on 2.7.90 in respect of the redesignation of Data Processing Assistants as Data Entry Operators, the order dated 16.3.98 only created two more pay scales DEO Grade II as ₹ 1600-2660 and DEO Grade I ₹ 2000-3200 on the Data Entry Side and DPA Grade I ₹ 2375-3500 on the Data Processing Side. In para 9(d) it was stated that, as a result of reclassification now being effected in respect of EDP staff in the DPD (Planning Department), where two separate streams viz. Data Entry Stream and Data Processing Stream, have been created, it is possible that some of the present DEO Grade B (i.e. some appellants) will be placed in the scale of DEO Grade I of ₹ 2000-3200, even though they are junior to the redesignated DPA Grade III who will be placed in the scale of ₹ 1600-2660. 41. That would mean that the respondents admit that even if the appellants were brought from the Data Processing stream to the Data Entry Stream, not all the appellants would be placed in the scale of ₹ 13 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y Work. (b) the replacement of scales of ₹ 1200-2040 was granted to Data Processing Assistants after the IVth Pay Commission made its recommendation. (c) the IVth Pay Commission and the Department of Electronics suggested uniform pay scales and designations in all government departments in respect of EDP posts. (d) on the basis of Dr. Seshagiri Committee Report, the Ministry of Finance on 11.9.1989 issued orders prescribing pay scales and designations for EDP posts. Government departments were asked to review the designations, pay scales, recruitment and qualifications for EDP posts. (e) the department of statistics issued orders dated 2.7.1990 redesign ting the then Data Processing Assistants as Data Entry Operators Grade B but it simultaneously increased the pay scales from ₹ 1200-2040 to ₹ 1350-2200. (f) may be, some of the appellants were confirmed as DPAs as far as records could be verified. (g) the essential qualification for Data Processing Assistants (present) is a Degree in Computer Application or Knowledge of programming, systems operations and system analysis. Since former Data Processing Assistants (present Data Entry Ope ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Data Processing Asstt. Gr. I 2375-3500 The changes in the essential qualifications from 1977 to 2.7.1990 and 16.3.1998 order for recruitment to the posts of Data Processing Assistants: 46. We have noticed that under the 1977 Rules for direct recruitment of Data Processing Assistants - the essential qualification was Degree in Arts or Commerce with Statistics Mathematics as one of the subjects. It was desirable to have a Computer's certificate or other certificates as specified therein. 47. The Dr. Seshagiri Committee recommended scale 1150-1500 for non graduate Data Entry Operators and ₹ 1350-2200 for graduates by direct recruitment. Grades B to D are by promotion E by selection. So for as Data Processing Assistants scale 1640-2900 were concerned, the Committee recommended qualification requirement as graduate in Science, Mathematics, Economics, Commerce, Statistics with knowledge of programming system operations to be judged through tests and/or certificate, diploma in Computer Application. 48. The Finance Ministry in its letter dated 11.9.1989 also sated that for the post of Data Entry Operator B- 1350-2200, graduates with knowledge of Data Entry work could ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Key Punch operators and the number of posts was fairly large namely, 225, 68 and 80 respectively. The 1977 Rules, applied to the Data Processing stream at the entry level, namely, to the posts of Data Processing Assistants, which were 88 in number. Then there were 12 posts of Data Processing Supervisors under the 1978 Rules to be filled in also by promotion of the Data Processing Assistants. Another set of Rules of 1978 related to 15 posts of Data Processing Superintendents. 51. In our view, therefore, so far as the NSSO was concerned right from 1973-1977, there was a definite and clear demarcation of the Data Entry stream and the Data operation stream. In the present case, the 48 appellants who were recruited as Data Processing Assistants were also confirmed as such by orders dated 25/28-8-1989 as per Annexure B to the review application with effect from 4.8.89. (2) The appellants did satisfy the qualifications meant for these posts at the time of recruitment and were recruited accordingly. It might be that the Dr. Seshagiri Committee and the 11.9.89 order of the government and the Model Rules of 13.2.90 made slight changes in the qualifications, namely, that apart from De ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in OA before the Tribunal as follows : Para 4.6 ................. the applicants submit that because of rotation of the Data Processing Assistants for doing the three trades which were earlier being done by computer, Key Punch operator and Machine operator, each of the Data Processing Assistants has been doing the work of data processing. In fact data processing is an integral part of the job of Data Processing Assistants employed by the organisation . 53. In the counter filed by the Union of India before the Tribunal, it was admitted: It is submitted that the statements in para 4.6 of the application are admitted to the extent that Data Processing Assistants (DEO, gr. B) are assigned work entailing data processing and other activities apart from data entry by rotation-basis . 54. But when we come to the affidavit of the Union of India filed in this Court on 6.6.1997 we find following stand taken in para 7.3: It will be seen that the very basis of recruitment of the former DPAs, including the petitioners, was for data entry work and not for data processing which requires higher skills and qualifications . 55. Our conclusion from the above facts and stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... even offend Article 311 of the Constitution of India. (9) We have shown while referring to the orders dated 2.7.90 and 16.3.98 above that there was non-application of mind by the authorities to several important factual and legal aspects when the redesignation procedure was adopted suddenly. We reiterate those reasons. (10) We may also mention at this stage the stand taken by the respondents in the counter affidavit filed on behalf of the Union of India by Shri R. Ravi, working as Under Secretary in the Ministry of Planning. Department of Satistics. In the said affidavit, at page 66 of Volume 1 in these review proceedings, the Deponent in paragraph 7.1 has observed that the Government of India after considering the Seshagiri Committee Report prescribed the pay scales for EDP posts in the various Ministries and rationalised their pay structure. Accordingly, vide order dated 2.7.1990, this Department (NSSO) redesignated the posts and notified the change as follows: For Data Processing Assistant the revised designation as shown to be DEO Gr.B ₹ 1350-2200 while for Data Processing Supervisor the revised designation is shown as DPA ₹ 1600-2660. 58. However, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 60. In our view, the above reasons are more than sufficient to meet the various points raised by the Union of India in its counter, which we have set out above. 61. For all the above reasons, the impugned orders dated 2.7.90, 16.3.98 and all other orders which have the effect of redesign ting the appellants - who were recruited as Data Processing Assistants - as Data Entry operators in the scale of 1350-2200 (or 1400-2300 by concession of counsel) are arbitrary and illegal, ultra-vires and are declared violative of Articles 14 and 16 of the Constitution of India. The appellants are declared entitled to the designation of Data Processing Assistants grade III (also called earlier as gr B) in the scale of ₹ 1600-2660 with effect from 1.1.1986, the date when the IV Pay Commission scales came into force. The appellants are also entitled to the scale of ₹ 5000-8000 with effect from 1.1.96 in view of the government orders passed in connection with the Vth Pay Commission recommendations. 62. It is made clear that the judgment is applicable only to those 48 appellants who were directly recruited as Data Processing Assistants in the NSSO, Department of Statistics, Ministry ..... X X X X Extracts X X X X X X X X Extracts X X X X
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