UNION OF INDIA THR.SECRETARY & ORS. Vs. ANJU JAIN & ANR


In this case respondent 1 & 2 initially appointed as Junior Machine Operators(JMO)/Key Punch Operators w.e.f. 05.05.1987 and 19.05.1987 respectively on temporary basis in the pay scale of Rs.950-20-1150-EB-25-1500. Later on, their services were regularized w.e.f. 19.05.1989. Subsequently, on the recommendations of the Economic Reform Commission and the Staff Inspection Unit, the posts of Junior Machine Operator, Senior Machine Operator and Comptometer Operator in the office of appellant no.2 were abolished. On the request of the respondents, their services were adjusted against the vacant posts of Computor(feeder) which was a promotional post but with the condition that the respondents will draw only the salary and pay and allowances as admissible to the posts of Junior Machine Operator which they were holding prior to 27.07.1995. Later on they were adjusted against the vacant posts Computor by way of ad hoc promotion w.e.f. 04.11.1997 in the pay scale of Rs.4000-100-6000. On 18.05.1999, at the time of granting First Financial Upgradation under ACP Scheme, the pay of the respondents was re-fixed in the same scale of Rs.4000- 100-6000, which was the scale they were already granted. Upon the introduction of Scheme of rationalization of pay scales for Electronic Data Processing cadre, the cadre was restructured and at the entry level Data Entry Operator (DEO) Grade A and above that the post of Data Entry Operator (DEO) Grade B, etc. were created. It appears that inspite of re-designation of the post of Junior Machine Operator as Data Entry Operator Grade ‘A’ respondent nos.1 and 2 were not granted scale of pay of Rs.1150-1500 with effect from their date of initial appointment. Their posts were redesignated. As per court respondent nos.1 and 2 became entitled to receive salary in the pay scale of Rs.1150-1500 with effect from their date of initial appointment i.e. 05.05.1987 and 19.05.1987 respectively. Also, they were adjusted to the post of computor. Admittedly adjustment was so made with a condition that they have been drawing the salary and pay and allowances as admissible to the posts of Junior Machine Operator which they were holding prior to 27th July,1995.Therefore, the respondents though hold the posts of Computor they were entitled to the pay scale of Rs.1150-1500 from the date of their initial appointment and subsequent replacement of pay scale of Rs.4000-6000 from the date the pay scale was so revised and the appeal is dismissed.

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