Central Administrative Tribunal - Jabalpur
Umesh Shandilya vs M/O Health And Family Welfare on 26 March, 2026
1 O.A.No. 200/01078/2014
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL,
JABALPUR BENCH
JABALPUR
Original Application No.200/01078/2014
Jabalpur, this Thursday, the 26th day of March, 2026
HON'BLE SHRI JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER
HON'BLE SMT MALLIKA ARYA, ADMINISTRATIVE MEMBER
1. Umesh Shandilya, Aged about 31 years, S/o Shri R.K. Shandilya,
Working as - Computer Operator at BMHRC, Employee No. 1239, R/o -
E-207, Ashoka Enclave, Govindpura, BHOPAL (M.P.)
2. Manish Ku. Jain, Aged about 36 years, S/o Shri. K.L. Jain, Working as
- Computer Operator at BMHRC, Employee No.0758, R/o - 36, Flora
City, D-Sector, Ayodhya Nagar, BHOPAL (M.P.)
3. Gulzar Ahmed Siddiqui, Aged about 37 years, S/o Shri. Nihal Ahmed
Siddiqui, Working as - Computer Operator at BMHRC, Employee No.
1197, R/o - H.No.32, Ahata Sikandar Kuli, Near Yaqub Dairy, Post
Govindpura, Pul Bogda, BHOPAL (M.P.)
4. Sanjay Kumar Choudhary, Aged about 37 years S/o Shri. S.B.
Choudhary, Working as - Computer Operator at BMHRC, Employee
No.0974, R/o - H.No.141 (Old), Ashoka Garden, Raisen Road,
Govindpura, BHOPAL (M.P.) - 462 023
5. Rajkumar Thakur, Aged about 44 years S/o Shri. B.K. Thakur,
Working as - Computer Operator at BMHRC, Employee No.0470, R/o -
Neelkanth Colony, Idgah Hills, BHOPAL (M.P.) - 462 001
-Applicant
(By Advocate -Shri Manish Kholia)
Versus
Page 1 of 13
2026.03.27
VISHAL
17:52:32
KUSHWAH+05'30'
2 O.A.No. 200/01078/2014
Reserved
1. UNION OF INDIA, Through: Its Secretary, Department of Health &
Family Welfare, Ministry of Health & Family Welfare, Govt. of India,
Nirman Bhawan, C-Wing, NEW DELHI - 110 001
2. The Director General, Indian Council of Medical Research, Department
of Health Research, Ministry of Health & Family Welfare, V.
Ramalingaswami Bhawan, Ansari Nagar, NEW DELHI - 110 029
3. The Director, Bhopal Memorial Hospital & Research Center, Raisen By
Pass Road, Near Karond Chouraha, BHOPAL (M.P.) - 462 038
- Respondents
(By Advocate -Shri D S Baghel, proxy counsel for Shri N K Mishra)
ORDER
By Mallika Arya, AM:
Through this Original Application, the applicants are challenging the action of respondent authorities wherein the claim of the applicants for grant of pay scale of Rs 9300-34800 with GP-Rs 4200 for the post of 'Computer Operator' at par with the employees of other Central Government departments with all consequential benefits has been rejected.
2. Briefly stating, the facts of the case are that the applicants are working on the post of 'Computer Operator' from 2001 onwards in the Respondent No. 3 organisation, in the pay band of Rs. 5200- 20200/- with Grade Pay of Rs. 2400/-. They hold the requisite qualification for the said Page 2 of 13 2026.03.27 VISHAL 17:52:32 KUSHWAH+05'30' 3 O.A.No. 200/01078/2014 Reserved post of Computer Operator. The requisite qualification and experience for the post of 'Computer Operator' in the Respondent organisation is Bachelor's degree from a recognised university with PGDCA (Post- Graduate Diploma in Computer Application) / DCA (Diploma in Computer Application) with experience of two years in computer applications, which is corresponding to the post of computer operater in Govt. of India. Bhopal Memorial Hospital & Research Centre, Bhopal was taken over by the Indian Council for Medical Research under the Dept. of Health & Research in January 2012. The Govt. of India approved the grant of 6th CPC to different categories of posts in BMHRC w.e.f. 01.09.2010. Respondent No.2 issued an order No.66/16/2012 NCD-II dated 19.07.2012 wherein at Sr. No.67 (Annexure-A/1), pay scale of (PB-1 of Rs 5200-20200/- + GP of Rs 2400) was sanctioned by the Department of Expenditure, Govt. of India for the post of Computer Operator' in Bhopal Memorial Hospital & Research Centre. The Central Civil Services (Data Entry Operator Grade 'A', Data Entry Operator Grade B' and Computer Operator Group C' Posts) Recruitment Rules, 2010 have been notified, wherein the 'Computer Operators' have been fixed in Pay Band-2 (pay scale Rs 9300 - 34800 + Grade Pay of Rs 4200). A copy of Gazette notification dated 24.01.2012 is enclosed as Annexure-A/2. With the same educational qualification and work experience, computer operators in Page 3 of 13 2026.03.27 VISHAL 17:52:32 KUSHWAH+05'30' 4 O.A.No. 200/01078/2014 Reserved other government departments have given the prescribed pay scale of Rs. 9300-34800/- with grade pay of Rs. 4200/-. The Central Civil Services revised pay rules 2008 have been made applicable to the employees of BMHRC w.e.f. 01.09.2010. The post of Data Entry Operator has been merged with Data Processing Assistant carrying pay scale of Rs 9300 - 34800 with GP - Rs 4200. A copy of relevant extract of The Central Civil Services (Revised Pay) Rules, 2008 is enclosed as Annexure-A/5. It is relevant to mention that in all other institutes of Atomic Energy Department, the post of 'Computer Operator' has been granted the Pay scale of Rs 9300-34800 with GP-Rs 4200. A copy of letter No.66/1/Bhopal NCD-II dated 21.02.2012 is enclosed as Annexure-A/7 and a copy of letter No.66/1/Bhopal-NCD-2 dated 27.02.2012 is enclosed as Annexure-A/8. In pursuance to ICMR, New-Delhi's order No.66/16/2012 NCD-II dated 19.07.2012 (Annxure - A/1), Administrative Officer in the office of respondent No.3 issued an order No. BMHRC(P&A)/2012/0108 dated 08.11.2012 wherein the pay of all the officials of BMHRC including the Applicants (at Sr. No. 14, 19, 25, 26 &
28) was fixed in the Pay Band of Rs 5200 - 20200 with Grade Pay of Rs 2400 (PB-1). A copy of said order dated 08.11.2012 is enclosed as Annexure-A/9. Although the order mentions that the pay scales are made effective from 19.07.2012, the pay scales should have been made effective Page 4 of 13 2026.03.27 VISHAL 17:52:32 KUSHWAH+05'30' 5 O.A.No. 200/01078/2014 Reserved from 01.09 2010. Aggrieved with the discrimination on account of denial of the requisite pay scale, the applicants filed various representation jointly and separately to the respondents (Annexure A/11). Respondent No.2 vide letter dated 27.05.2013 (Annexure A/12) replied that the representations have been sent for consideration to the Council and the decision of the Council will be intimated. Vide Office Memorandum dated 26.11.2013 (Annexure A/13), Respondent no. 2 rejected the representations of the applicants by way of a non-speaking order and without giving any reasons for rejection. The applicants have filed an amendment vide M.A. No. 136/2025 wherein they have brought on record the draft Recruitment Rules of the respondent department for the said post which were also circulated for the purpose of seeking comments and objections. A copy of the notice dated 30.12.2016 is enclosed as Annexure A/15. The detailed objections were given by the applicants to the draft Recruitment Rules (Annexure A/16). However, the respondents by way of Gazette notification GSR 1018(E) dated 16.08.2017 have brought into effect the rules regulating the method of recruitment to the Group "C" posts in Bhopal Memorial Hospital and Research Center. The respondents have scaled down the educational and other qualification required for direct recruits (column 7). Further the avenues of promotion for those working on the post of Computer operator have also been curtailed as per Page 5 of 13 2026.03.27 VISHAL 17:52:32 KUSHWAH+05'30' 6 O.A.No. 200/01078/2014 Reserved the Recruitment Rules of 2017 (Annexure A/17). They have mentioned that in the Non Faculty AIIMS Rules 2015, Office Assistants have been placed in PB-2 with the pay scale of Rs 9300-34800 + GP 4200/-. Their educational and other qualifications required for the post is "Degree of recognized University or equivalent with proficiency in computers."
They have mentioned that AIIMS and BMHRC work under the same Respondent no. 1 and both function as hospitals. The responsibilities and duties of the Office Assistant are similar to that of the applicants. Accordingly, the applicants have prayed for the following relief:
"...8(ii) This Hon'ble Tribunal may be pleased to quash/set aside order dated 26.11.2013 (Annexure A/13).
8(iii) This Hon'ble Tribunal may be pleased to command/direct the respondents to fix the pay of the applicants in the Pay Band-2 Rs. 9300-34800 with Grade Pay 4200, with all consequential benefits along with interest including arrears of pay...."
3. The respondents have filed their reply wherein it has been stated that Bhopal Memorial Hospital Trust was established for providing medical treatment and rehabilitation of the gas accident victims. The Trust was established under the directions of the Apex Court in the year 1998, although it actually started functioning from the year 2000. Initially the staff appointed in the hospital was paid remuneration as per the decision Page 6 of 13 2026.03.27 VISHAL 17:52:32 KUSHWAH+05'30' 7 O.A.No. 200/01078/2014 Reserved of the trust. The terms and conditions applicable to the central government employees in the various government departments has no bearing on the terms and conditions of the employees working in the trust. The applicants were working as Computer Operator and their appointment order is annexed as Annexure R/1.
An order dated 19.7.2012 (Annexure A/l) was issued by ICMR with the approval of Government of India for grant of 6th CPC scales to different categories of posts in BMHRC. It was directed that the fixation of pay in 6th CPC pay scales shall be done with reference to Section II, Part A of 1st Schedule of Central Civil Services (Revised Pay) Rules, 2008. All the employees were treated as direct recruits appointed on or after 10.07.2010. A bare perusal of Annexure I appended to the aforesaid order, dated 19.7.2012, shows that the Computer Operator was fixed in Pay Band-1 (Rs. 5200-20200) with Grade Pay of Rs.2400/- i.e. the same scale which was given to the applicants when they were working in the Trust. The applicants were given the benefit of 6th CPC vide aforesaid order dated 19.07.2012, (Annexure A/1). The claim of the applicants for grant of Pay Band-2 with Grade Pay of Rs. 4200 is baseless. They are claiming parity with the post of Computer Operator in other departments of Government of India. When the applicants were appointment in the Trust, the necessary qualification required for the post of Computer Page 7 of 13 2026.03.27 VISHAL 17:52:32 KUSHWAH+05'30' 8 O.A.No. 200/01078/2014 Reserved Operator in other government departments was not taken into account. Hence, the applicants cannot claim parity with Computer Operators working in other departments. In BMHRC, recruitment was neither done through the Staff Selection Commission nor by promotion or deputation. BMHRC advertised the post of Computer Operator (Annexure R/2) with qualifications equivalent to the qualification for the post of Data Entry Operator Grade A as mentioned in notification, dated 24.01.2012. Hence, the post of Computer Operator in BMHRC is comparable to the post of Data Entry Operator Grade A as per notification dated 24.1.2012. The work load and desirable qualifications for the Computer Operator of BMHRC and Data Entry Operator Grade A are similar. Therefore, grant of PB-1 with GP of Rs. 2400/- to the applicants is justified. The applicants have never worked in the scale of Rs. 5000-8000 in 5th CPC. The pay scale in PB-2 with grade pay of 4200 is only for those candidates who have worked in the 5th CPC in the pay scale of Rs. 5000- 8000. 6th CPC pay scales for respective posts of BMHRC has been implemented with effect from 01.09.2010 i.e. the date of taking over of BMHRC by the Central Government. The arrears have been paid for the period of 1.9.2010 to 19.7.2012. The pay fixation for the applicants has been done with prior approval of Government of India. Their pay fixation has been done as per the ICMR Recruitment Rules, duly approved by Page 8 of 13 2026.03.27 VISHAL 17:52:32 KUSHWAH+05'30' 9 O.A.No. 200/01078/2014 Reserved Government of India. The applicants cannot draw parity to the educational qualification, responsibilities and duties of nursing staff since the work profile of computer operators and nursing staff are entirely different. Therefore, the respondents have contended that the applicants are unreasonably comparing the absorbed post of computer operator at BMHRC with the similar post in other institutes without considering the method of recruitment, eligibility criteria of post and weightage of posts.
4. The applicants have filed M.A. 1186/2019 for amendment in the O.A. which was withdrawn later. They again filed M.A. 136/2025 which was allowed and amendments were carried out accordingly in the O.A.. However, we find that no consequential amendment in the relief clause has been carried out by the applicant.
5. The applicants have also filed rejoinder to the reply filed by the respondents wherein they have reiterated the facts mentioned in the Original Application.
6. We have considered the matter, heard the counsels, perused the pleadings and documents annexed with the Original Application. Judgments relied on by the parties are also taken into consideration.
7. We find that it is a case where the applicants were posted as the Computer Operator in the BMHRC in the PB-1 (Pay Scale Rs. 5200- Page 9 of 13 2026.03.27 VISHAL 17:52:32 KUSHWAH+05'30' 10 O.A.No. 200/01078/2014 Reserved 20200) with grade pay of Rs. 2400/-. They are claiming parity with employees posted as computer operators in other government department in PB-2 (Pay Scale Rs. 9300-34800) with grade pay of Rs. 4200. The grounds on which the parity is being claimed is that they were given the benefit of 6th pay commission consequent to BMHRC being brought under the Government of India. Hence CCS (CCA) Rules 1965 are applicable to them also.
8. The respondents on the other hand have pleaded that the post of Computer Operator in BMHRC is distinct from the post of Computer Operators in the other government departments. It is equivalent to the post of Data Entry Operator Grade A. The respondents have also contended that the work load and desirable qualification for Computer Operator of BMHRC and Data Entry Operator is the same. Moreover the respondents have pleaded that the post of computer operator in pay band 2 with grade pay of 4200 is available to those candidates who had worked in the fith CPC in the pay scale of Rs. 5000-150-8000. The applicants do not fulfill the said criteria because they were at that time working under an independent trust. The applicants had given representations to the respondents which have been rejected vide order dated 26.11.2013 (Annexure A/13) Page 10 of 13 2026.03.27 VISHAL 17:52:32 KUSHWAH+05'30' 11 O.A.No. 200/01078/2014 Reserved
9. We also take note of the fact that a notice dated 30.12.2016 (Annexure A/15) was issued by the Ministry of Health and Family Welfare, Govt. of India regarding the draft Recruitment Rules proposed for the various posts of BMHRC. As per the draft recruitment rules, 43 posts of the Computer Operator were proposed with the pay scale of Rs. 25500-81100 (Level 4) with maximum age limit of 28 years. The post was to be filled by direct recruitment. The applicants raised objections before the ministry vide their letter dated 16.01.2017 and 23.01.2017 (Annexure A/16) wherein they submitted that they should be considered for a basic pay of 35400 (level-6) as per 7th CPC on the plea that this will bring parity with the post of Computer Operator in the National Institute of Biologicals. After calling for the objections, a gazette notification bearing no. GSR 1018 (E) dated 16.08.2017 (Annexure A/17) was published with the following qualification and pay scale for the post Computer operator:
(i) The Computer operators have been placed in Level - 4 in the pay scale of Rs. 25500- 81100 with age limit of 18-27 relaxable for departmental candidates or as per orders by the Central Government.
(ii) The education qualification prescribed for the said post is class 12th pass in Science stream with Mathematics as a subject from a recognized Board and a speed test of 15000 key Page 11 of 13 2026.03.27 VISHAL 17:52:32 KUSHWAH+05'30' 12 O.A.No. 200/01078/2014 Reserved depressions per hour for data entry work to be ascertained through sped test on computers only.
(iii) A further condition was two years of mandatory induction training.
10. It is evident from the above notification (Annexure A/17) that the post of computer operator and the Data Entry Operator Grade A, have been treated equally and they have been placed the Level 4 in PB-1. We also take note of the fact that respondents have not sought any relief against the impugned notification dated 16.08.2017 (Annexure A/17).
11. In the case of State of Punjab and Ors. Vs. Jagjit Singh and Ors. 2017 (1) SCC 148 the Hon'ble Apex Court has consistently held as follows:-
"the equation of post and determination of pay scales is the primary function of the executive and not the judiciary and therefore ordinarily court will not enter upon the task of job evaluation which is generally left to the expert bodies like the Pay Commissions. This is because such job evaluation exercise may include various factors including the relevant date and scales for evaluating performances of different groups of employees, and such evaluation would be both difficult and time consuming, apart from carrying financial implications."
12. Since the Recruitment Rules have been notified by Gazette Notification GSR 108(E) in terms of the powers conferred under Article Page 12 of 13 2026.03.27 VISHAL 17:52:32 KUSHWAH+05'30' 13 O.A.No. 200/01078/2014 Reserved 309 of the Constitution exercised by the Ministry of Health and Family Welfare in the name of the President of India, in respect of the Group C posts in BMHRC, Department of Health Research, Ministry of Health and Family Welfare, we do not find any infirmity in the action of the respondents in placing the applicants in Level-4, PB-1.
13. Accordingly, we find the Original Application is devoid of merits. Hence the same is dismissed with no costs.
(MallikaArya) (Akhil Kumar Srivastava)
Administrative Member Judicial Member
VK/-
Page 13 of 13
2026.03.27
VISHAL
17:52:32
KUSHWAH+05'30'