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5. Rule 7 of the 1992 Rules authorized, the Central Government to relax any other provision of the rules with respect to any class or category of persons. On 2.2.1993, in exercise of the powers conferred on the Central Government, the Central Excise Department permitted its erstwhile employees, to apply for posts of Data Entry Operator Grade ‘A’, subject to the condition, that they had completed 3 years’ regular service and satisfied the conditions of eligibility stipulated in the 1992 Rules. On 9.9.1993, the Customs Department, issued a circular informing the employees who had exercised their option for appointment to the post of Data Entry Operator Grade ‘A’, that their option was final and could not be revoked. A number of employees holding ministerial cadre posts in the Customs and Central Excise Department, accordingly came to be appointed as Data Entry Operators Grade ‘A’.

6. Under the mandate of the 1992 Rules, the post of Data Entry Operator Grade ‘A’ was assigned the pay scale of Rs.1150-25-1500. It was the lowest post under the 1992 Rules. The Schedule appended to the 1992 Rules provided, that to be eligible for appointment to the post of Data Entry Operator Grade ‘A’, an individual should have qualified the 12 th standard or equivalent examination. Additionally, he/she should possess a speed of not less than 8000 key depressions per hour, for data entry work. The onward promotion from the post of Data Entry Operator Grade ‘A’ was to the post of Data Entry Operator Grade ‘B’. The said promotional post was in the pay scale of Rs.1350-30-1440-40-1800-EB-50-2200. To be eligible for promotion to the post of Data Entry Operator Grade ‘B’, the schedule stipulated 6 years’ regular service as Data Entry Operator Grade ‘A’. The post of Data Entry Operator Grade ‘B’ was liable to be filled exclusively by promotion, failing which, on transfer by deputation. Onward promotion from the post of Data Entry Operator Grade ‘B’, was to the post of Data Entry Operator Grade ‘C’.

(4) The Upper Division Clerks and Data Entry Operators Grade-A shall be placed en-block senior and, their inter se placement shall be fixed in accordance with the date of regular appointment to the respective grade subject to the condition that their inter se placement in respective grade shall not be disturbed.

(5) Lower Division Clerks shall be placed below Upper Division Clerks and Data Entry Operator Grade-A."

A perusal of Rule 4 of the TA Rules, 2003 reveals, that persons holding the posts of Upper Division Clerk and Data Entry Operator Grade ‘A’ would be re-designated as Tax Assistants. The service rendered by them as Upper Division Clerk and Data Entry Operator Grade ‘A’ respectively, would be taken into consideration as regular service rendered on the post of Tax Assistant (for purposes of promotion etc.). In addition to the above, Lower Division Clerks falling within the seniority list, as determined by the appointing authority at the commencement of the TA Rules, 2003, on passing the departmental computer proficiency examination, would be deemed to be promoted as Tax Assistants (from the date of passing such examination). Rule 4 of the TA Rules, 2003 expressly postulates, that Upper Division Clerks and Data Entry Operators Grade ‘A’, would be placed en-block senior to others appointed as Tax Assistants, and further, that their inter-se seniority would be determined from the date of their regular appointment to the respective grade. For their inter-se placement, Rule 4 of the TA Rules, 2003 further postulated, that Lower Division Clerks would be placed below the Upper Division Clerks and Data Entry Operators Grade ‘A’. A perusal of Rule 4 of the TA Rules, 2003 reveals an amalgamation of three posts, namely, Upper Division Clerk, Data Entry Operator Grade ‘A’ and Lower Division Clerk. All these posts were amalgamated into a freshly created cadre of Tax Assistants under the TA Rules, 2003.

And therefore, violative of the provisions of Articles 14 and 16 of the Constitution of India. In this behalf, the submission advanced on their behalf was two-fold. Firstly, that dissimilar posts had been equated. And secondly, that the equation of posts determined merely on the pay-scales attached to them, would not be acceptable in law.

26. Insofar as the former of the said two contentions is concerned, the submission was again two-fold. Firstly, reliance had been placed on Rule 4 of the TA Rules, 2003. Under Rule 4(1) thereof, Upper Division Clerks and Data Entry Operators Grade ‘A’ had been equated with one another, and members belonging to the aforesaid two cadres had been given the highest position in the seniority list (at the stage of the initial constitution). The inter se seniority amongst the Upper Division Clerks and Data Entry Operators, is mandated to be determined, for purposes of further promotion, with effect from the date on which the concerned incumbent was appointed on regular basis as such. The submission advanced by the learned counsel was, that sub-rule (2) of Rule 4 of the TA Rules, 2003, required a Data Entry Operator Grade ‘A’, who had come to be appointed as Tax Assistant, at the initial constitution under the TA Rules, 2003, to pass a departmental examination within two years of such appointment, failing which such Data Entry Operator Grade ‘A’, would not be entitled to any further increment. Accordingly, the submission advanced at the hands of learned counsel was, that the aforesaid mandate clearly demonstrated, that a Data Entry Operator Grade ‘A’, had per se been found to be deficit, for discharging duties against the post of Tax Assistant. The aforesaid deficiency was sought to be satisfied and fulfilled, according to learned counsel, by requiring the Data Entry Operator Grade ‘A’, to qualify a departmental examination, within a period of two years. That being the acknowledged position emerging from the statutory rules, the contention advanced was, that the post of Data Entry Operator Grade ‘A’, could not have been treated as equal to the post of Upper Division Clerk, and as such, the determination of inter se seniority for onward promotion regulated by Rule 4(1) of the TA Rules, 2003, must be deemed to be both arbitrary and discriminatory, and as such, violative of Articles 14 and 16 of the Constitution of India.