ARUN KUMAR PASWAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the I.S.M. This writ petition has been preferred for quashing of the order dated 20th September, 2006 issued by the Deputy Registrar Establishment, ISM, Dhanbad contained at Annexure-11 by which the requests of the petitioner for implementation of pay scale of 2000-3500 pre-revised with retrospective effect has been rejected. Further prayer of the petitioner is to direct the respondents to grant the said scale as the petitioner has been working on the Post of Computer Operator and the said scale has been recommended by the UGC. The petitioner accordingly also claims for the arrears of salary with effect from April, 1990 in the scale of 2000-3500.

(2.) It is the case of the petitioner that he was holding the qualification of B.Sc. with computer programming at the time of his appointment as per the eligibility qualification laid down in the advertisement. The petitioner was appointed in the year 1988 in the scale of 1400-2300 on the post of Computer Operator subsequently the pay scale was enhanced with effect from 1989 in the scale of 1640-2900. The petitioner by relying upon the recommendation of UGC contained in Annexure-5 vide letter dated September, 1990, has been made claim of grant of pay scale of 2000-3500 from 1st April, 1990 claiming that the post of Computer Operator is equivalent to the post of Sr. Technical Assistant & Technical Assistant Grade and for which the qualification has been prescribed as B.Sc. with Diploma in Computer Application (in short DCA) in pursuance of the ISM office procedure framed in the year 1994, which approved the pay scale of Computer Operator in the scale of 2000-3500 as per the qualification laid down in the said office manual.

(3.) On the other hand, the respondents-ISM has appeared and filed their counter affidavits and stated therein that the minimum Educational Qualification required for the post of Computer Operator was Bachelor Degree of Science with adequate training in computer operator only when the petitioner was appointed in the year 1988. However, the Office Manual prescribed the minimum Education Qualification for the post of Computer Operator as B.Sc. with Diploma in Computer Application. It has been further been stated that the manual of the office procedure framed by the ISM has not yet been approved by the Ministry of Human Resources Department, Government of India as per the respondent. The petitioner has having the qualification of Diploma in Computer Programming, which is not equivalent to Diploma in Computer Application and no equivalence certificate of Government of India has been furnished by the petitioner either to be treated as equivalent to the qualification of DCA as prescribed in the UGC recommendation in 1990. The respondent further stated that the petitioner has rightly been given the enhanced scale of 1640-2900 since in the year 1990 and has been getting successive revised scales as per the revised scales from time to time. It has been submitted that the claim of the petitioner was revised in scale with effect from 01.04.1990 and at this belated stage he has claimed the scale of 2000-3500. It is further submitted that in view of the fact that the petitioner does not hold the equivalent criteria holding the Diploma in Computer Application prescribed by the UGC nor the said manual of official procedure has been approved by the ISM by the Ministry of Human Resources Development Department, Government of India, which is mandatory for implementation in the ISM, the petitioner can not claim a legal right for issuance of mandamus upon the respondents for grant of benefit of enhanced pay scale of 2000-3500 with effect from 01.04.1990.