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3. The facts leading to the cases are as follows:

A number of posts of Electronic Data Processing were created in the different departments of Ministries of the Government of India. Persons were appointed against such Electronic Data Processing posts with different nomenclatures likewise Key-Punch Operator, Punch Verifying Operator, Planning Assistant, Punch-cum-Verifier, Technical Assistant, Punch-cum- Verifier (Hollerith), etc.

4. Fourth Central Pay Commission made a suggestion in paragraph 11.45 of its report that the department of Electronics should examine the matter and suggest reorganisation of existing Electronic Data Processing posts and prescribe uniform pay scales and designations in consultation with the Department of Personnel & Training. In pursuance of above suggestion, a Committee had been set up by the Department of Electronics in November, 1986. After careful consideration of the recommendations made by the said Committee, Government of India has decided to introduce pay structure for Electronic Data Processing posts by Ministry's O.M. No.F.7(1)/IC/86(44) dated 11th September, 1989, relevant portion of which reads as follows:

|1. |Data Processing |Rs.1600-2260 |Entry Grade for Graduates| | |Assistant Grade | |with | | |'A' | |Diploma/certificate in | | | | |Computer | | | | |Applications. | |2. |Data Processing |Rs.2000-3200 |Promotional Grade | | |Assistant Grade | | | | |'B' | | | |3. |Programmer |Rs.2375-3500 |Direct Entry for 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.3000-4500 |Promotional Grade | All Ministers/Department having Electronic Data Processing posts under their administrative control will review the designation, pay scales and recruitment qualification of their posts and revise the same in consultation with their Financial Advisor to the extent necessary as per pay structure indicated in para 1 above. Where it is found necessary to revise the pay scale of existing post notification will be issued by concerned Ministry/Department and copy of the notification and order will be sent to Implementation Cell and Department of Expenditure. The revised pay scales will be operative from the date of issue of notification by concerned Ministry/Department.

|S. No.    |Designation of   |Pay scale       |                          |
|          |post             |                |                          |
|1.        |Data Entry       |Rs.1150-25-1500 |This will be entry Grade  |
|          |Operator Grade   |                |for Higher Secondary      |
|          |'A'              |                |with                      |
|          |                 |                |knowledge of Data Entry   |
|          |                 |                |work.                     |
|          |                 |                |Direct Recruitment.       |
|2.        |Data Entry       |Rs.1350-30-1440-|This will be entry grade  |
|          |Operator Grade   |40-1800-EB-50-22|for graduate with         |
|          |'B'              |00              |knowledge of Data Entry   |
|          |                 |                |work of promotional Grade |
|          |                 |                |for Data Entry Operator   |
|          |                 |                |Grade 'A' failing which by|
|          |                 |                |transfer on deputation,   |
|          |                 |                |and percentage by direct  |
|          |                 |                |recruitment.              |
|3.        |Data Entry       |Rs.1400-40-1800-|Promotional Grade from    |
|          |Operator Grade   |EB-50-2300      |Data Entry Operator Grade |
|          |'C'              |                |'B' failing which by      |
|          |                 |                |transfer on               |
|          |                 |                |deputation.               |
|4.        |Data Entry       |Rs.1600-50-2300-|Promotional Grade from    |
|          |Operator Grade   |EB-60-2660      |Data Entry Operator Grade |
|          |'D'              |                |'C' failing which by      |
|          |                 |                |transfer on               |
|          |                 |                |deputation.               |
|5.        |Data Processing  |Rs.1600-50-2300-|Degree of a recognized    |
|          |Assistant Grade  |EB-60-2660      |University or equivalent  |
|          |'A'              |                |with Science, Mathematics,|
|          |                 |                |Economics, Commerce,      |
|          |                 |                |Statistics.      Direct   |
|          |                 |                |recruitment.              |

|S. No.    |Designation of   |Pay scale       |                          |
|          |post             |                |                          |
|1.        |Data Entry       |Rs.1150-25-1500 |This will be entry Grade  |
|          |Operator Grade   |                |for Higher Secondary      |
|          |'A'              |                |with                      |
|          |                 |                |knowledge of Data Entry   |
|          |                 |                |work.                     |
|          |                 |                |Direct Recruitment.       |
|2.        |Data Entry       |Rs.1350-30-1440-|This will be entry grade  |
|          |Operator Grade   |40-1800-EB-50-22|for graduate with         |
|          |'B'              |00              |knowledge of Data Entry   |
|          |                 |                |work of promotional Grade |
|          |                 |                |for Data Entry Operator   |
|          |                 |                |Grade 'A' failing which by|
|          |                 |                |transfer on deputation,   |
|          |                 |                |and percentage by direct  |
|          |                 |                |recruitment.              |
|3.        |Data Entry       |Rs.1400-40-1800-|Promotional Grade from    |
|          |Operator Grade   |EB-50-2300      |Data Entry Operator Grade |
|          |'C'              |                |'B' failing which by      |
|          |                 |                |transfer on               |
|          |                 |                |deputation.               |
|4.        |Data Entry       |Rs.1600-50-2300-|Promotional Grade from    |
|          |Operator Grade   |EB-60-2660      |Data Entry Operator Grade |
|          |'D'              |                |'C' failing which by      |
|          |                 |                |transfer on               |
|          |                 |                |deputation.               |
|5.        |Data Processing  |Rs.1600-50-2300-|Degree of a recognized    |
|          |Assistant Grade  |EB-60-2660      |University or equivalent  |
|          |'A'              |                |with Science, Mathematics,|
|          |                 |                |Economics, Commerce,      |
|          |                 |                |Statistics.      Direct   |
|          |                 |                |recruitment.              |