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Sir, I am directed to state that the question of restructuring the cadre of Programme Assistants/Console Operators (present Scale Rs.1640-2900) in the Income Tax Department, in the light of the Ministry of Finance, Department of Expenditure O.M. No.F.7(1)/IC/86(44) dated 11.9.89 has been under consideration with the Board and it has now been decided to restructure the cadre of Programme Assistants/Console Operators in the following grades:-
Data Processing Assistance Gr.A-GroupC post.
(Rs.1600-2660) Data Processing Assistant Gr.B-Group B post (Rs.2000-3200)
2. The revised structure of Data Processing Assistant Gr.A and Data Processing Assistant Gr.B while be operative w.e.f. 11.9.1989 in accordance with the Ministry of Finance, Department of Expenditure O.M. No.F.7(1)/IC/86(44) DATED 12.1.90. The existing Programme Assistants/Console Operators will continue to draw pay in the scale of Rs.1640-2900 as personal to them and redesignated as Data Processing Assistant Gr.A till they are promoted to the post of Data Processing Assistant Gr.B.
3. The charge-wise allocation of posts of Data Processing Assistants of Dr. A/Gr B on the basis of the sanctioned strength, is given in Annexure-1.
4. Senior Rs.3000-4500 Promotional Grade Programmer

19. It is worthwhile to note that the Respondent CBDT in its letter dated 18.8.1994 (Annexure A/2) complying with the decision of the Ministry of Finance dated 11.9.1989, conveyed that the PACO cadre was ordered to be restructured to 2 grades viz. (i) DPA-A Group C post (Rs.1600-2600) and (ii) DPA-B Group B post (Rs.2000-3200) and directed that The revised structure of Data Processing Assistant Gr.A and Data Processing Assistant-Gr.B while be operative with 11.9.1989 in accordance with the Ministry of Finance, Department of Expenditure, O.M. No.F 7 (1)/IC/86(44) dated 12.1.1990, the existing Programme Assistants/Console Operators will continue to draw pay in the scale of Rs.1640-2900 as personal to them and redesignated Data Processing Assistant Gr.A till they are promoted to the post of Data Processing Assistant Gr.B. In the letter dated 18.8.1994, the CBDT protected the pay scale of those PACO drawing in a different scale (Rs.1640-2900) till their promotion to DPA B took place in pay scale of Rs.2000-3200. In our considered opinion, the Official Respondents while restructuring the EDP cadre have protected the interest of PACO and, therefore, their action cannot be termed as arbitrary. We, therefore, do not find merit in the views of the Applicants in assailing the letter dated 18.8.1994.

20. We now come to the next issue of the Applicants challenging the provisions in Column 12 of Item 3 in the Schedule of Recruitment Rules dated 27.7.2001 [Assistant Director (Systems) (Annexure A/3)]. The post of Assistant Director (Systems) (73 posts in 2001) are filled up by Selection-cum-Seniority. In case of recruitment by promotion/deputation/absorption the feeder grades from which promotion/deputation/absorption to be made is given in column 12 as follows :-

(12) Promotion:
Data Processing Assistant Grade B with 5 years of service in the grade failing which combined regular service of 8 years in the grade of Data Processing Assistant Grade A and with a minimum of 2 years regular service in the grade of Data Processing Assistant Grade B.