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By Dr. Veena Chhotray:

OA 767/2009 is being considered afresh in pursuance of Delhi High Courts order dated 27.9.2010 in the Writ Petition (C) No.5370/2010. By this order, the Tribunals order dated 17.11.2009 allowing the OA has been set aside and restoring the OA, it has been remanded for fresh adjudication by the Tribunal.

2.1 The applicants are working as Data Processing Assistants Grade III & II employed in the Data Processing Division (DPD) and Survey Design & Research Division (SDRD) of the National Sample Survey Organization (NSSO) under the Ministry of Statistics and Programme Implementation, Govt. of India. Through this OA, third in the series, they are seeking absorption into the Subordinate Statistical Service (SSS) with effect from the date of inception. Challenging the respondents Office Memorandum dated 15.10.2008, passed in pursuance of the directions in the OA 812/2007 and rejecting the claims again, the instant OA seeks the following reliefs:-

11.3 To clarify this point, the respondents were directed to submit a comprehensive and authentic job profile of the applicants. Accordingly they have placed before us a copy of the letter dated 17.8.2011 from the Director, Data Processing Division, Kolkatta addressed to the Joint Secretary of the Ministry enclosing a recently complied job profile. Para 2 of this letter is extracted below:
2. Based on the recommendations of the Mohanan Committee, a restructuring proposal for EDP Cadre is under the consideration of the Ministry of Finance which will provide further promotional avenue to EDP cadre in Group A. Committee has compiled the job profile of different grades which is enclosed herewith for ready reference. It may please be noted that the job profile prescribed vide MOS&PI Order No.A.12018/1/96-Ad. IV dated 16.03.1998 could not be implemented because in compliance to the order of the honourable supreme court of India, all the EDP Officials were placed in Data Processing Stream and no one could be placed in the Data Entry Stream. Till date the Data Entry Stream is inoperative. In the restructuring proposal, only Data Processing Stream has been conceived. The duties and responsibilities of Data Processing Assistant Grade-III and Grade-II (both applicants in the present OA) as well as the Data Processing Assistant Grade-I (the top most rung of the hierarchy in this cadre, though not the applicants in the present OA), are listed as below:
Post: Data Processing Assistant Grade III Duties and Responsibilities All types of data input/data entry/data transcription/typing on computer/creation of inputs/including alpha numeric and graphic data, voice entry, optical entry etc. through any computer terminal, computer system, network based system, either on-line or off-line.
Verification of all types of data entered, including text processing, through any computer terminal or computer system or network based system either on-line or ofline.
Day-to-day administrative works of the Section.
Any other duties and responsibilities assigned by the senior officers. A perusal of these duties clearly reveals that the duties and responsibilities of the Data Processing Assistants of all rungs cannot be termed as purely/predominantly statistical in nature.
11.4 Coming to the impugned order, the respondents clear stand is that whereas the Senior Investigators of the Department of Expenditure or of the Department of Public Enterprises are engaged in the statistical functions to collect, compile, analyze and tabulate the data and matters relating to the said data, the duties attached to the post of Data Processing Assistants mainly are data processing and are devoid of statistical function by and large.