JAILENDRA PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) PETITIONERS were appointed as Data Entry Operators prior to acceptance by the Government of the Sixth Pay Fitment Committee Report. None of the petitioners has any Diploma, Degree or Certificate in Computer Science or Engineering. They were given the pay scale as was then applicable to Data Entry Operators. It is not in dispute that at the time of appointment of the petitioners there was one pay scale applicable to Data Entry Operators. The people who joined as Data Entry Operators at that time with the qualification as that of the petitioners as well as the people who had joined as Data Entry Operators with additional qualification of Diploma or Degree or Certificate in Computer Science or Engineering were treated at par and accordingly had been awarded the same remuneration in the same scale.

(3.) PETITIONERS have no Diploma or Degree in Computer Applications. Despite having no such Diploma or Degree, they were not only appointed, but were treated at par with the persons working in the same capacity as that of the petitioners who had additional qualification of Diploma/ Degree in Computer Applications. When the Government accepted the report of the Fifth Pay Fitment Committee, it devised that henceforth a person having Degree or Diploma in Computer Applications shall get a higher pay scale. The Government thus made it clear that on and from the date of acceptance of the said report by the Government, if a person joining as Data Entry Operator with such additional qualification, he shall be entitled to the said higher scale. It did not say that the Government intends to make a distinction on and from the date of its acceptance of the report of the Sixth Pay Fitment Committee in between the same cadre as then was existing on the basis of qualification. In law, once a person has been treated as equal to a person having better qualification, the person having lesser qualification is given the same status as that of the person with higher qualification and accordingly if any; decision is taken, having regard to such; higher qualification at a subsequent date, it is deemed that the person, who has been; treated equal as that of the person having higher qualification, by reason of working for years with such status, has also acquired the right to be treated at par with the person having higher qualification.