CHANDRAPRAKASH MADHAVRAO DADWA Vs. UNION OF INDIA

JUDGEMENT

(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.

(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.