MARINE SEQUEIRA Vs. STATE OF GOA

JUDGEMENT

(1.) THE petitioners are working as Data Entry Operators in the Computer Centre of the respondent Government. The first five petitioners joined the Computer Centre in the year 1986 and the sixth petitioner joined in the year 1987. Their pay scale at the time of appointment was Rs. 260-400, which was revised to Rs. 950-1500, on account of acceptance of Fourth pay Commission recommendations with effect from 1-1-1986. Vide Order No. 4/3/89-PLG (CC) dated 15-1-1992, the Government of Goa revised the pay scale further to Rs. 1150-1500 with immediate effect.

(2.) THE petitioners case is that after recommendations of the Fourth Pay Commission, a Committee was set up by the Department of Electronics, Government of India in November, 1986 to examine and suggest re-organisation of existing Electronic Data processing posts and prescribe uniform pay scales and designations in consultation with the Department of Personnel, Government of India. The said Committee made recommendations and the Government of India decided to introduce various pay structures for Electronic Data Processing posts. The Committee recommended that the Data Entry Operators Grade A be given pay scale of Rs. 1150-1500 in case the incumbents had Higher Secondary qualification, with knowledge of Data Entry work. In case such incumbents were Graduate with knowledge of Data Entry work, they should be designated as Data Entry Operators Grade B and given pay scale of Rs. 1350-2200. Subsequently, by Office Memorandum No. F. 7 (1)/ic/86 (44) dated 12-1-1990, the Government of India took decision that the revised pay scales recommended by such Committee will take effect from 11-9-1989, irrespective of the date of Notification issued by Ministries/departments. The Government of Goa accepted the recommendation of the Central Government in relation to the pay scale of Data Entry Operators in the Computer Centre, Panaji and revised the existing/pay scale of Rs. 950-1500, to Rs. 1150-1500 for the incumbents who possessed Higher Secondary qualification and knowledge of Data Entry work and the pay scales were to come into effect from 15-1-1992 i. e. the date of the said order. In case of the incumbents who did not possess the Higher Secondary qualification, the revised scales were made applicable to them from the date they would acquire Higher Secondary qualification.

(3.) THE case of the petitioners in that in many other cases, the Government of Goa has revised the pay scales even after revision of Fourth Pay Commission and in many such cases, the revised pay scales by the Government have been made effective from 1-1-1986. This proposition is not disputed by learned Government Advocate, as, admittedly in some cases even after revision of pay scales by the Fourth Pay Commission, the scales have been further revised by Goa Government and the revision has been made effective from 1-1-1986.