DHOLE GOVIND SAHEBRAO Vs. UNION OF INDIA

JUDGEMENT

(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: - <FRM>JUDGEMENT_87_LAWS(SC)3_2015.htm</FRM>