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2. The petitioners Sh. Kishan Lal and six others filed O.A. No.2230/2006 to seek directions to re-fix their pay under the new Electronic Data Processing (EDP) pay scales of Data Processing Assistant Grade-A (Rs.1600-2660), Data Processing Assistant Grade- B (Rs.2000 - 3200) and Programmer (Rs.2375-3500) w.e.f. 01.01.1986, or from the date of their appointment on the post of Senior Computer, Statistical Assistant and Assistant Programmer, whichever is later, with all consequential, monetary and pensionary benefits. To claim the said relief they relied on the decision of this Court in Civil Writ Petition No.1212 of 1999 dated 10.01.2002 titled Union of India & Ors. v. B.N. Sharma & Ors. and the judgments of the Tribunal dated 18.12.2003 in O.A. No.553/2003 titled R.K. Sharma & Ors. v. Union of India and in O.A. No.2587/2005 titled Shama Kaul & Ors. v. Union of India. A direction was also sought to re-fix the applicants‟ pensionary benefits with all consequential monetary benefits.

(i) It challenged the designation of Data Processing Assistants in the National Sample Survey Office to Data Entry Operators which amounted to reversion to an entry grade below that of Data Processing Assistants to which they were recruited;

(ii) It changed the designation of certain other officers in NSSO from Data Processing Supervisors into Data Processing Assistants.

              DEO   Grade   A   :    Rs. 1350-2200
              DEO   Grade   B   :    Rs. 1400-2300
              DEO   Grade   C   :    Rs. 1600-2660
              DEO   Grade   D   :    Rs. 2000-3200
              DEO   Grade   E    :   Rs. 2375-3500
                                     respectively.

Further grade of „AA‟ in regard to non-

graduates in the scale of Rs. 1150-1500.

11. Thereafter, the Sub- Committee referred to „Data Processing Assistants‟ as well as Programmers and observed that this work will require intellectual skills, which was not a routine type and, therefore, recommended scales and designations, namely, Data Processing Assistant-„A‟, Rs. 1640-2900 based on certain educational qualifications and Data Processing Assistant „B‟, Rs. 2000-3200 on promotion from Data Processing Assistant A having 5 years service in the said grade. The said Committee no where in its report recommended that in view of slightly different qualifications fixed for Data Processing Assistants, those specifically recruited earlier under statutory rules as Data Processing Assistants, were to be dislodged therefrom and be brought into that Data Entry Stream. Even with regard to extra qualifications now prescribed, Committee clearly stated that they should not be applied to existing staff. Ministry of Finance issued O.M. dated 11.9.1989 virtually accepting all the recommendations of Dr. Seshagiri Committee with very slight modifications.

The Hon‟ble Supreme Court further held that:

"For all the above reasons, the impugned orders dated 2.7.90, 16.3.98 and all other orders which have the effect of redesignating the appellants- who were recruited as Data Processing Assistants as Data Entry Operators in the scale of 1350-2200 (or 1400-2300 by concession of counsel) are arbitrary and illegal, ultravires and are declared violative of Articles of 14 and 16 of the Constitution of India. The appellants are declared entitled to the designation of Data Processing Assistants Grade III (also called earlier as grade B) in the scale of Rs. 1600- 2660 with effect from1.1.1986, the date when the IVth Pay Commission scales came into force. The appellants are also entitled to the scale of Rs.5000-8000 with effect from 1.1.96. In view of the government orders passed in connection with the Vth Pay Commission recommendations.