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Showing contexts for: Dtp operator in Najeemathbi P vs Ut Of Lakshadweep on 5 January, 2018Matching Fragments
By U.Sarathchandran, Judicial Member The applicants in this OA state that they are presently working as DTP Operators in the designation " Compositor Grade.II" under the Lakshadweep Government Press ( for short, LGP). They are aggrieved by the denial by 2nd respondent to designate them as DTP Operators and not revising their pay scale from 1200-1800 to 1400-2300 w.e.f. 31.10.1989.
2. It is stated by the applicants that they joined the LGP more than 20 years ago and that at that time the LGP was functioning with Letter Press Technology (LPT). In 1986, the technology was switched over to Offset Technology (Photo Litho). Thereafter, the applicants have been working as DTP Operators though the post of Compositor was originally created for typesetting by hand composing in the LPT. According to the applicants, the responsibility and the nature of duties of DTP operators in other Government of India Presses (for short, GIP ) and the applicants are one and the same. As 5 OA-181-35-14 there was no uniformity and parity amongst employees working in the various GIPs under various departments with respect to their pay scales, designation, classification, posts etc., the 4th CPC recommended to constitute a committee for looking into the classifications/re-designation of the posts, promotion channels and other related matters for maintaining uniformity amongst the printing staff. Government of India constituted an Inter- Departmental Committee (for short, IDC) vide notification dated 10.8.1987. The IDC submitted their recommendations which were accepted in principle. Accordingly, the third respondent issued Annexure A1 memorandum dated 31.10.1989 introducing various classifications and new pay scales for printing staff working under the various Ministries/Departments of Govt of India. Acting on Annexure A 1, 2nd respondent, with the approval of 3rd respondent, classified the whole technical process of printing staff working under GIP and revised the pay scales including of DTP Operators. As per Annexure A2 prepared by the Director, Printing and Stationery of LGP, the pay scales attached to Compositor Gr.l & II in LGP are Rs.950-1500 and 1200.. 1800 respectively. Though the applicants were persuading to upgrade the pay scales in terms of Annexure A1 OM dated 31.10.1989, their requests were not considered by first respondent - Administrator - on the pretext that the OM was not applicable to the Union Territories including Lakshadweep. On getting information under the Right to Information Act that the aforesaid OM is applicable to the printing staff of all Union Territories including LGP, some ofthe printing staff ofLGP submitted Annexure A3 to A3(e) individual representations before 2nd respondent requesting to revise their pay scale as per Annexure A1 OM.
6 OA-181-35-14
3. This Tribunal in OA 317/2011 had directed 1st respondent to forward the representations to 2nd respondent and on receipt of such representations 2nd respondent to pass a speaking order within four weeks. A copy of the aforesaid order of the Tribunal dated 11.4.2011 is marked as Annexure A4.
4. The applicants point out that their duties and responsibilities and those of the DTP Operators in other GIPs are one and the same. As per Annexure A 1 OM, the DTP Operators in GIPs were re-classified as Master Craftsmen with a new pay scale ofRs.1400-2300. The same benefit was not extended to the applicants despite their comparable positions. According to the applicants, the first respondent had sent Annexure A4 proposal, in favour of the applicants, · to 2nd respondent. Besides, the applicants submitted individual representations marked as Annexures A7 to A7(q). As they did not evoke any proper response the applicants approached this Tribunal with OA 661 of2013. This Tribunal vide Annexure A8 order dated 19.7.2013 directed 2nd respondent to dispose of the representations by passing a speaking order within a time frame. However, 2nd respondent passed the impugned order (Annexure A9) dated 2.4.2014 and that too only on filing a contempt petition. The applicants point out that some Overseers of LGP approached this Tribunal with OA 932/12 praying for directing the respondents to compare functional responsibilities and educational qualifications etc., of Overseers' functioning in LGP to those of Technical Supervisors in other GIPs and for pay revision, if found comparable. This Tribunal passed Annexure A10order dated 23.8.2013 directing 2nd respondent herein to consider the claim of the applicants in that case and to take a decision and inform the Lakshadweep Administration. The applicants therefore pray for the following reliefs:
v) Such other order or direction as this Tribunal may deem fit and . proper in the facts and circumstances ofthe case.
5. The official respondents countered this OA by filing a reply statement stating that the applicants are still working as Compositor Gr.II in LGP, not as DTP Operators as claimed by them. Out of the 18 applicants, only 9 Compositors have completed 20 years of service. According to the respondents, the department proposes to re-designate 24 posts of Compositor Gr.II as Assistant DTP Operators (12 posts) and Machine-men Gr.III (12 posts). Accordingly, Recruitment Rules for the above posts were published by Annexure AS notification but the Ministry vide Annexure A9 order rejected the proposal for up-gradation of Compositors Gr.II. The department had sought option from Compositors Gr.II either to work as Assistant DTP Operators or as Machine-man Gr.III and all of them except one Compositor opted to work as DTP Operator. It is further submitted by the respondents that the onus is on the applicants to establish that they are in complete identity with DTP Operator and Master Craftsrespondents state that 8 OA-181-35-14 Annexure A6 recommendation is not authenticated by the first respondent and hence it cannot be relied on as the same has been prepared by some vested interests in the department. The respondents pray for rejecting the OA.
·. · It has qlso been decided that Overseers in Letter Press Wing of Government of India Presses will continue in existing revised ·scale of Rs.1640-3900, although this scale is not included in pay structure . suggested in para 2 above. " ( underlining supplied) ·9. .It appears that in other GIPs, DTP Operators are doing the work that was b~ing done by erstwhile Compositors: However, arexure AI, the \ 10 OA-181-35-14 employees in the GIPs were categorised as Unskilled, Semi Skilled, Skilled, Highly Skilled (Gr.II), Highly Skilled (Gr.I), Master Craftsman and Technical Supervisors. It appears that in the other GIPs, the DTP Operators are treated under the classification of Master Caraftsman with a pay scale of 1400-2300 (pre-revised). The grievance of the applicants is that the in LGP, they still continue and are being treated as Compositors which category finds an equivalence in Annexure Al OM as 'Skilled' employees having a pay scale of950-1500 (pre-revised). It is not clear from the reply statement and records as to why in LGP alone, the nomenclature of Compositors is being retained although they no longer do any physical composing I manual typesetting as the erstwhile Compositors used to do. Nevertheless it seems that Respondent No.2 was not prepared to treat them as DTP Operators and to accord the same scale of pay as the DTP operators of other GIPs. Annexure A9 impugned order was passed by ·the respondents in response to the representations made by the 'applicants. The relevant portion of Annexure A9 reads as follows: