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10. On the otherhand, learned Senior Counsel for the Union of India, Sri P.P. Malhotra contended that the administrative order dated 2.7.1990 was not inconsistent with the Rules of 1977 or 1978, that two new streams - the Data Processing stream and the Data Entry stream were recommended by the Dr. Seshagiri Committee in 1987 and on 11.9.89 by the Finance Ministry and in implementation thereof, the order dated 2.7.1990 was passed by the Ministry of Planning (Statistics Department). The order dated 2.7.1990 fixed slightly higher essential qualifications which the appellants did not possess. The appellants were doing only data entry work and not data processing work, though they were recruited as Data Processing Assistants. Data Processing Assistants like the appellants in scale of Rs. 1200-2040 were, therefore, rightly brought into the Data Entry stream and redesignated as Data Entry Operators Grade B in scale of Rs. 1350-2200. At the same time, Data Processing Supervisors in scale 1400-2300 were redesignated as Data Processing Assistants as an entry scale and given Rs. 1600-2660 rather than the revised scale of Rs. 2000-3200 applicable to Data Processing SupervisOrs. It may be that the erstwhile Data Processing Supervisors so redesignated as Data Processing Assistants came to this Court and succeeded in Civil Appeal No. 16741 of 1995 by getting restored to their original designation as Data Processing Supervisors and also to the revised scale of Rs. 2000-3200 rather than the revised scale of Rs. 1600-2660 proposed in the impugned order dated 2.7.1990. But that judgment must be confined to that case alone inasmuch as no general principle was laid down therein. It may be that consequentially for the present, after the 2.7.1990 order, there may be a vacuum in the posts of Data Processing Assistants in the NSSO - because (i) those recruited by that designation like the appellants have now become Data Entry Operators Grade B and (ii) those Data Processing Supervisors who were redesignated as Data Processing Assistants have got back the said designation and scale because of the judgment of this Court in Civil Appeal No. 16741 of 1995. If there is a vacuum in the NSSO in the posts of Data Processing Supervisors in the scale of Rs. 1600-2660 those posts can be filled by direct recruitment as proposed in the 2.7.90 order and as per the Model Rules issued by orders of the Central Government dated 13.2.1990 (Ministry of Personnel, Public Grievances & Pension) where certain higher qualifications have now been prescribed for that post. The appellants do not have those qualifications now prescribed and cannot, therefore, be continued as Data Processing Assistants. In 1990 additional functions have been prescribed for this category and the appellants do not have the skills necessary for performing those functions.

12. Coming to the Data Processing Stream, the contention for the Union of India is that under the 16.3.98 order, this stream will consist of Data Processing Assistants in the scale of Rs. 1600-2660 now called Grade III (rather than Data Processing Assistant simpliciter as per the 2.7.90 order). After the shifting of the appellants to the Data Entry side, the resultant vacancies of Data Processing Assistants would have to be filled by direct recruitment, the basic qualifications now being slightly higher than what they were in the 1977 Rules when the appellants were recruited as Data Processing Assistants. The appellants do not possess these new qualifications and hence they are not entitled to be once again redesignated as Data Processing Assistants. Nor can they perform the entire functions now attached to the posts of Data Processing Assistants. The appellants have already become Data Entry Operators by the 2.7.90 order. This reclassification does not offend Articles 14 and 16 of the Constitution of India. These orders dated 2.7.1990 and 16.3.1998 are not inconsistent with the statutory Rules.

13. On the other hand, learned senior counsel for the appellants, Mrs. Shyamala Pappu, submitted in reply to the above arguments that the order dated 16.3.1998 was equally invalid. The appellants were doing data processing work although and not data entry work since the time they were recruited as Data Processing Assistants. They satisfied whatever essential qualifications were then fixed for that post at that time of their recruitment. The latest order is illegal inasmuch as it continues the shifting of the appellants from the Data Processing stream to the Data Entry stream and it continues the redesignation of the appellants as Data Entry Operators Grade IV. The impugned order amounts to removing the appellants from the posts to which they were recruited and in which they were confirmed in 1989. As the revised scale of Data Entry Operators Grade IV i.e. Rs. 1350-2200 is less than the revised scale of Rs. 1600-2660 applicable to Data Processing Assistants there is a clear violation of Articles 14 and 16 of the Constitution of India. Similar down-gradation was done in the case of the erstwhile Data Processing Supervisors when they were redesignated as Data Processing Assistants in a lower scale of Rs. 1600-2660 and the same was struck down by this Court in Civil Appeal No. 16741 of 1995. The principle of that case should be applied to the case of the appellants. The impugned orders dated 2.7.1990 and 16.3.1998 created a vacuum in the posts of Data Processing Assistant, particularly after the judgment of this Court in Civil Appeal No. 16741 of 1995 dated 9.12.1996, which was never intended under the Rules. The order of 16.3.1998 is worse than the order dated 2.7.1990 inasmuch as now the appellants will have to start from Grade IV in scale of Rs. 1350-2200 and move to Grade III in scale of Rs. 1400-2300 and only then to the scale of Rs. 1600-2660 given to Grade II Data Entry OperatOrs. They could never be redesignated as Data Processing Assistant because that post is now placed in a different stream.

(e) the department of statistics issued orders dated 2.7.1990 redesign ting the then Data Processing Assistants as Data Entry Operators Grade B but it simultaneously increased the pay scales from Rs. 1200-2040 to Rs. 1350-2200.

(f) may be, some of the appellants were confirmed as DPAs as far as records could be verified.

(g) the essential qualification for Data Processing Assistants (present) is a Degree in Computer Application or Knowledge of programming, systems operations and system analysis. Since former Data Processing Assistants (present Data Entry Operators Grade B) including the appellants have not been recruited on this basis, and therefore, they could not claim the designation and pay scale of Data Processing Assistants. [We may state that there is a factual mistake here. The qualification now prescribed is not a Degree in Computer applications but only graduation plus Certificate or Diploma in Computer Application. In the 16.3.1998 order as well as the Model Rules prepared by Ministry of Personnel on 13.2.90 also it is stated that the qualification is only graduation plus a Certificate or Diploma in Computer Applications or knowledge of programming, system operations and systems analysis (to be judged through suitable tests). In fact, para 7.7 and 13.2 of the same affidavit, run contrary to the above statement and those paras do not speak of degree in Computer applications).