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TECHNICAL POST) RECRUITMENT RULES, 1992

7. On 03.04.1992, Rules were made regulating the method of recruitment for Group ‘C’ (Technical Post) in the Electronic Data Processing Discipline of the field formations of the Central Board of Excise and Customs (CBEC). The posts included the post of Data Entry Operator Grade ‘A’, Data Entry Operator Grade ‘B’ and the post of Data Entry Operator Grade ‘C’. Under Rule 5 under the heading “Initial Constitution”, persons appointed on regular basis as Key Punch Operator, Terminal Operator and Lower Division Clerk performing the duties of Terminal Operator before the commencement of these Rules were to be deemed to have been appointed as Data Entry Operator Grade ‘A’ and to rank enblock senior to those appointed after the commencement of these Rules. The post of Data Entry Operator Grade ‘A’ was to be filled-up by Direct Recruitment. The educational qualification was shown as 12th Standard Pass or equivalent. The post of Data Entry Operator Grade ‘B’ was to be filled-up by promotion, failing which, by transfer on deputation. As far as promotion is concerned, Data Entry Operators Grade-A, with six years Regular Service in the Grade, were rendered eligible for being considered for promotion. As far as Data Entry Operators Grade ‘C’ is concerned, again the post was to be filled-up by promotion, failing which, by transfer on deputation, Data Entry Operators Grade ‘B’, with 3 years Regular Service, were declared eligible for being considered for promotion as Data Entry Operator Grade ‘C’. There is also the post of Data Entry Operator Grade ‘D’, to be filled-up by promotion, failing which, by transfer on deputation. Data Entry Operator Grade ‘C’, with four years regular service, was Feeder Category for promotion as Data Entry Operator Grade ‘D’. THE 1996 AMENDMENT TO THE 1979 RULES

16. The next crucial development took place in the following background. The Data Entry Operators performed essentially technical functions and the very concept was linked with the object of bringing about computerization in the Department. As noticed the initial constitution consisted of Key Punch Operators, Terminal Operators and Lower Division Clerks performing duties of Terminal Operators, who were deemed to have been appointed as Data Entry Operator Grade ‘A’. The Data Entry Operators began to complain that promotional avenues for Data Entry Operator Grade ‘A’, which is the entry post, was limited to promotions as Data Entry Operators Grade ‘B’, ‘C’ and at the top of the pyramid, Data Entry Operator Grade ‘D’. Persons working in the Ministerial Cadre, including U.D. Clerks, Stenographers, etc., were eligible under the 1979 Rules, for being promoted to the Executive Post, viz., the post of Inspector, inter alia. Data Entry Operators complained that they would stagnate in the post of Data Entry Operator for years without promotion. It would appear that the post of Data Entry Operator Grade ‘D’ is not available in all the Commissionerates and only certain Commissionerates had the post of Grade ‘D’. It is pursuant to this simmering discontent being noticed apparently that the Union Cabinet decided to go in for cadre restructuring in the Central Excise and Customs Department. Since, much may turn on the purport of the said decision, articulated in letter dated 19.07.2001, we advert to the same:

32. In the reply by the official respondents, it was, inter alia, pointed out as follows:

The post of Inspector was covered by 1979 Rules. Feeder categories were, as we had noted earlier. There was, in other words, reference to the 1979 Rules as amended in 1996. Regarding the Order dated 19.07.2001, the stand of the Government was that it was only approval of the Ministry for restructuring process. It was contended that it was incorrect to say that the new Cadre of Senior Tax Assistants and Tax Assistants were created from 19.07.2001. The restructuring became effective only after the formulation of the Recruitment Rules. The Order dated 19.07.2001 was silent as regards mode of restructuring and the process after merger. In regard to the claim of the appellants of parity with U.D. Clerks, it was pointed out that the appellants could not compare themselves with the U.D. Clerks for promotion as Inspector. The initial scale of Data Entry Operator Grade ‘A’ (Entry Post) was Rs.1150-1500 prior to the Fifth Central Pay Commission, whereas, the pay of U.D. Clerk was Rs.1200-2040. The educational qualification required for being an U.D. Clerk was Graduation. For a Data Entry Operator Grade ‘A’, on the other hand, the educational qualification was pass in the Intermediate Course. It was further contended that the nature of duty was also different. The U.D. Clerks were selected on staff selection conducted on all-

57. On the other hand, the Data Entry Operators, a Cadre, which was thought of and created to bring about computerization in the Excise and Customs Department, came into being and came to be governed by the Rules made in the year 1992. There were four Grades. The Entry Grade was Data Entry Operator Grade ‘A’, and Data Entry Operator Grade ‘A’ with six years’ service, could aspire for promotion as Data Entry Operator Grade ‘B’. Likewise, Data Entry Operator Grade ‘B’ could aspire to be entitled as Data Entry Operator Grade ‘C’. At the top of the pyramid, was the post of Data Entry Operator Grade ‘D’.