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2. Vide Office Memorandum dated 11.09.1989, the Department of Expenditure rationalised the pay scales of Electronic Data Processing posts, designation of posts and entry qualification, which, inter alia, reads as under:-

      Sl.No. Designation of post          Pay Scale


      Data Processing/Programming Staff


      1.      Data Processing Rs.1600-          Entry grade for
              Assistant Grade 'A'   2660              graduates      with
                                                      Diploma/Certificate
                                                      in        Computer
                                                      application.
      2.      Data Processing Rs.2000-          Promotional Grade.
              Assistant Grade ' B'  3200
      3.      Programmer                  Rs.2375- Direct Entry for
                                          3500     holders of Degree
                                                   in Engineering or
                                                   post-graduation in
                                                   Science/Maths
                                                   etc.    or   post-
                                                   graduation      in
                                                   Computer
                                                   Application.
                                                      Or
                                                      By      promotion
                                                      from         Data
Processing
Assistant   Grade
                                                      ' B' .
      4.      Senior Programmer           Rs.3000-    Promotional Grade.


Thereafter, vide Ministry of Defence letter dated 08.01.1991 on the subject of Revision of Pay Scales of EDP Posts on the basis of the Report of the Committee set up by the Department of Electronics on the recommendations of the Fourth Central Pay Commission, the post of Programme Assistant, DMIS in the pay scale of Rs.1640- 2900 had been declared equivalent to Data Processing Assistant Grade-B, DMIS (revised pay scale of Rs.2000-3200). The order stated that the revised pay scale will be w.e.f. 11.09.1989.

(ii) To grant any other benefit which may deem fit and proper by this Hon'ble Tribunal in the interest of justice and
(iii) To award cost to the applicant who has dragged into litigation unnecessarily due to callous attitude of the respondents."

7. Learned counsel for the applicant argued that the applicant was a direct recruit who had come through UPSC in 1983 in the pay scale of Rs.550-900. On 03.12.1985, she was regularised on the post of Programme Assistant Grade-B non-gazetted. In 1989, when the rationalisation of pay scales took place the post of Data Processing Assistant Grade-B in the pay scale of Rs.2000-3200 was a promotional grade for which the entry grade was Data Processing Assistant Grade-A in the pay scale of Rs.1600-2600 with Graduation and Diploma/Certificate in computer application as entry qualification. The post of Programmer was indicated in the pay scale of Rs.2375-3500 with direct entry for holders of Degree in Engineering or post-graduation in Science/Maths etc. or post graduation in computer application. Therefore, the first argument put forth by the applicant is that the decision of the respondents equating him with Data Processing Assistant Grade-B is erroneous for the reason that this is a promotional post, and secondly the entry grade qualification for Data Processing Assistant Grade-A, which is the feeder post for DPA Grade-B, is Graduation, whereas the applicant was a post graduate at the time of his entry and the RRs of 1985 also stipulates Post Graduation for the post of Programme Assistant. Therefore, the only post against which she could have been shown as a result of OM dated 11.09.1989 is that of Programmer in the scale of Rs.2375-3500 as this is the only direct entry post with post graduation degree. In fact, by putting him equivalent to DPA Grade-B, the respondents have downgraded her position.