UNION OF INDIA Vs. SURESH KUMAR SHARMA

JUDGEMENT

(1.) Union of India which is the petitioner in the instant case feels aggrieved by the Judgement and Order dated 13/09/2000 passed by the Central Administrative Tribunal, Principal bench, New Delhi in Original Application No. 2249/99. This Original Application was filed by the respondent herein seeking parity in pay scales with Data Entry Operators (hereinafter referred to as DEOs, for short) in other Ministries/Departments in the revised scale of pay of Rs.1600-2600/- w.e.f. 1/01/1986. The Tribunal by reason of the impugned judgement has allowed, the said Application holding that the respondents herein are entitled to the aforesaid revised pay scales w.e.f. 1/01/1986 at par with Data Entry Operators (hereinafter referred to as DEOss, for short) in accordance with O.M. dated 11/09/1989. Directions were issued to the petitioner to grant the same pay scale to the respondents herein w.e.f. 1/01/1986. However, the respondents are not granted arrears being difference in the pay scale w.e.f. 1/01/1986 but only fixation of revised pay scales w.e.f. 1/01/1986.

(2.) Before proceeding to take note of challenge of the Union of India to the impugned Judgement and dealing with the same, it would be appropriate to take stock of few facts. It would also be appropriate to take note of the reasons given by the Tribunal in the impugned Judgement to appreciate as to how the Tribunal dealt with the issue.

(3.) The respondents herein, are working as Jr. Supervisors in the Office of the Registrar General of India (hereinafter referred to as RGI, for short) Ministry of Home Affairs, Government of India. The respondents were promoted to the post of Jr-Supervisors on different dates between 1988-1993. Prior to their promotion to the post of Jr.Supervisors they were working as DEOs in the scale of Rs.330.00 to 560/~. The post of Jr.Supervi.sors carried the pay scale of Rs.405/- to 700/-. It is stated that the following organisations has the sizeable EDP (Electronic Data Processing) staffs:- (i) National Information Centre, (ii) Department of Statistics, (iii) Registrar General of India, (iv) National Crime Record Bureau (Dte. of Coordination Police Computer), (v) Department of Space and (vi) Ministry of Defence. The staff existing in these organisations has been classified into three categories namely :- (a) Data Entry Operator, (b) Programme Assistant/Console Operator and Programmer (c) System analyst and above.