UNION OF INDIA Vs. D K SINHA

JUDGEMENT

(1.) By this writ petition, the petitioner. Union of India challenges the order of the Central Administrative Tribunal, Principal Bench dated llth February, 2002 in 0.A.No.1332/99. By that order, the Central Administrative Tribunal directed the petitioner to declare the respondents as Data Processing Assistants, Grade-111 in the scale of Rs.1600-2660 w.e.f. 1.1.1986 or the date of their joining whichever is later with all consequential benefits including payment of arrears, if any, and revised scale consequent to the recommendation of the 5th Pay Commission and consideration for promotion to higher posts. The Tribunal also directed that the order be implemented within four months from the date of receipt of the copy of the order. The facts giving rise to the petition are as follows;-

(2.) The respondents, who are seven in number, entered the service of the petitioner as Data Processing Assistants (for short 'DPA')/Tape Librarians on various dates from 1987 to 1990. They were placed in the grade of Rs.1200 to Rs.2040 as was admissible to DPA/Tape Librarians. It needs to be emphasised that all the respondents were appointed before July 2, 1990, a date which has a bearing on the merits of the case .

(3.) On July 2, 1990, the Government of India issued a notification whereby it redesignated the Data Processing Supervisors in the scale of Rs.1,400-2,300 as Data Processing Assistants in the scale of Rs.1,600-2,660 rather than in the revised scale of Data Processing Supervisors of Rs. 2,000-3, 200. Similarly, Data Processing Assistants in the scale of Rs.1,200-2,040 were redesignated as Data Entry Operators Grade 'B' in the scale of Rs.1,350-2,200 rather than in the revised scale meant for Data Processing Assistants i.e. Rs.1,600-2,660. The order dated July 2, 1990, besides the aforesaid posts, redesignated several other posts as well.