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iv) To allow the OA with cost."
4. The factual matrix of the case is that the applicant joined the service of Bureau of Police Research and Development (Respondent No.2) as Statistical Assistant on 17.01.1986, on her selection through the Staff Selection Commission. In the year 1987, the Statistical Section of Respondent No.2 was merged with the staff of Respondent No.3 (National Crime Records Bureau).

4.1 On 6.05.1991, the post of Statistical Assistant wherein the applicant is working was re-designated as Data Processing Assistant Grade „A‟ (DPA Gr. „A‟) and in the year 1996, the applicant was promoted as Statistical Investigator in the pay scale of Rs.2000-3200 (pre-revised) [Rs.6500- 10500 (revised)]. Again w.e.f. 11.12.1996, the said post of Statistical Investigator has been re-designated as Data Processing Assistant Gr. „B‟ [DPA Gr. „B‟]. 4.2 It is stated that in pursuance of the recommendations of the 5th CPC, and in consultation with the Department of Personnel & Training, Department of Expenditure and various other Ministries and Departments, the Subordinate Statistical Service (SSS) was constituted with the following grades:

4.4 The 1st Respondent though initially sought various clarifications from 3rd Respondent, in this regard, but finally vide Office Memorandum dated 12.11.2010, stated that similarly situated persons, who are working as Data Processing Assistants Grs.III and II employed in the Data Processing Division (DPD) and Survey Design and Research Design (SDRD) of National Sample Survey Organization, under Ministry of Statistics and Programme Implementation, i.e., the Respondent No.1, have filed OA No.767/2009 seeking for their inclusion in Subordinate Statistical Service, and though the said OA was originally allowed by order dated 17.10.2009, but on filing a Writ Petition in the Hon‟ble High Court of Delhi, the said order was set aside and the OA was restored for fresh adjudication, and that unless final orders are passed in the said OA, it is not possible to include the post of the applicant into SSS.

4.6 Counsel for the applicant in applicant‟s earlier OA, distinguished the case of the applicant from that of the applicants in OA No.767/2009, inter alia, by raising the following grounds: the duties and responsibilities of the applicant, who originally appointed as Statistical Assistant and later promoted as Statistical Investigator, are different from that of the duties and responsibilities of Data Processing Assistants Grade II and III, who are the applicants in OA No.767/2009; and the applicant has not taken any additional service benefits like the applicants in OA No.767/2009. 4.7 This Tribunal in the said OA perused the Order of this Tribunal dated 25.08.2011 in OA No.767/2009 and noted that wherein the following specific issues were framed for consideration:

12. Further, the respondents in their counter categorically stated that in response to the Ministry‟s OM dated 27.02.2003 (Annexure A11), the 3rd Respondent (NCRB) vide their letter dated 06.08.2003 (Annexure A12) that though the post of Statistical Investigator has been re-designated as Data Processing Assistant, Gr. „B‟, the incumbent is continuing to function in the statistical unit of their Bureau, and since the said clarification received from NCRB was too late, the incumbent and the post offered could not be included in SSS cadre. In this view of the matter also, the applicant‟s claim cannot be rejected by equating with that of the Data Processing Assistants of National Sample Survey Organization.