UNION OF INDIA Vs. REGISTRAR CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) W.P.6058 of 2005 is filed by the Union of India represented by Ministry of Communications and Information Technology and two other officers of the Government against the order in O.A.No. 502 of 2003 dated 5.2.2004. By the aforesaid order, the Tribunal directed the case of the contesting respondents 2 to 48 to be considered for the grant of higher scale of pay of Rs.4000-6000 in the light of the observations made by the Tribunal within a period of three months. The said writ petition was admitted by this Court on 23.2.2005. Pending the writ petition, this Court granted an interim stay on 31.3.2005. Subsequently, 14 other persons moved the Central Administrative Tribunal with O.A.271/2004 seeking for the scale of pay of Rs.4000-6000. The Tribunal by a further order dated 9.9.2004 allowed the Original Application on the basis of its earlier order in O.A.502 of 2003 which is challenged in W.P.6058/2005. This order was challenged by the Union of India in W.P.15255 of 2005. The writ petition was admitted on 13.6.2005 and an interim stay was granted on the same day. It was also directed to be posted along with the earlier writ petition i.e., W.P.6058 of 2005.

(2.) WHEN the contesting respondents filed an application for vacating the interim order, this Court by an order dated 17.8.2005 after making the interim order absolute gave the following directions:-

(3.) THE learned Additional Central Government Standing Counsel for the petitioners submitted that the contesting respondents were appointed as Lower Division Clerks/Sorters /Group D employees. Consequent upon the introduction of computers in the Department of Posts, Postal Accounts, Chennai, M.O. pairing work was computerized. In view of the same, the Sorters employed in M.O.Sorting became redundant. In order to avoid retrenchment, such of those persons including the contesting respondents, a selection process was contemplated by the Directorate vide its circular dated 4.9.1986. It was stated that after giving certain training, these persons was to be utilized in the Data Entry work on Ex-cadre basis. It was also stated that as Lower Division Clerks and Group D employees, they were not eligible for being appointed to the posts of Data Entry Operators as it was not in the normal channel of promotion. After their posting as Data Entry operators, their pay was fixed at Rs.975-1660 as per the IV Pay Commission.