SECRETARY, DEPARTMENT OF PERSONNEL, PUBLIC GRIEVANCES & PENSION &ANR. versus T.V.L.N. MALLIKARJUNA RAO

Citation: [2014] 13 S.C.R. 149 · Decided: 09-12-2014 · Supreme Court of India · Bench: S. J. MUKHOPADHAYA · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2014] 13 S.C.R. 149 
SECRETARY, DEPARTMENT OF PERSONNEL, 
A 
PUBLIC GRIEVANCES & PENSION &ANR. 
v. . 
T.V.L.N. MALLIKARJUNARAO 
(Civil Appeal No. 10862 of 2014) 
DECEMBER 09, 2014. 
[SUDHANSU JYOTI MUKHOPADHAYA AND 
PRAFULLA C. PANT, JJ.] 
Service law - Posts of Electronic Data Processing -
Reorganization of the posts - Data Entry Operators (DEO) 
Grade A to Grade D - DEO Grade A seeking placement in 
c 
the DEO Grade B on the basis of their educational 
qualification - Held: Grade B is a promotional grade and D 
. only those DEO Grade A who have 6 years of experience are· 
eligible for such promotion -
The promotional grade and 
entry grade cannot have the same pay scale and in absence 
of declaration that rationalization of pay scale of Electronic 
Data Processing posts was illegal, no such benefit could be E 
granted - DE Os Grade-A are not entitled for higher scale of 
pay as applicable to Grade B w.e.f. 1.1.1986 or thereafter 
merely on the basis of their qualifications or for the fact that 
they have completed theirperiod of requisite service. 
Administrative law -
Classification of posts and F 
determination of pay structure - Scope of interference -
Discussed. 
Constitution of India, 1950 -Article 14 - Difference in 
p,ay scales based on educational qualifications, nature of job, 
G 
responsibility, accountability, qualification;· experience and 
manner of recruitment does not violate Article 14 of the 
Constitution oflndia - In the instant case, in view of the nature 
of duties, . responsibilities and accountability prescribed in 
149 
H 
150 
SUPREME COURT REPORTS 
(2014] 13 S.C.R. 
A the various Grades of DEOs, classification of DEOs in 
different grades is not violative any right of equality 
guaranteed u!Arts.14 and 16- Service law. 
Allowing the appeal, the Court 
B 
HELD: 1. The classification of posts and 
determination of pay structure comes within the 
exclusive domain of the Executive and the Tribunal 
cannot sit in appeal over the wisdom of the Executive in 
prescribing certain pay structure and grade in a particular 
C service. There may be more grades than one in a 
particular service. The Government on consideration of 
the report submitted by the Committee, issued Office 
Memorandum dated 11.9.1989 prescribing therein 
different pay scales and different grades of Data Entry 
D Operators besides the mode and manner of recruitment 
to and qualifications for each entry grade post as well 
as eligibility and experience for promotional grades. The 
·Court or the Tribunal, would be exceeding its power of 
judicial review if it sits in appeal over the decision of the 
E Executive in the matter ofprescribing the pay structure 
unless it is shown to be in violation of Articles 14and16 
of the Constitution of India. Difference in pay scales 
based on educational qualifications, nature of job, 
F responsibility, accountability, qualification, experience 
and manner of recruitment does not violate Article 14 of 
the Constitution of India. [Paras 26, 27][169-B-F] 
2. Considering the educational qualifications 
prescribed under the Office Memorandum dated 
G 11.9.1989 and the rules for appointment to the posts of 
Data Entry Operators, Grade-Band the order assigning 
duties, classification of Data Entry Operators in different 
grades, does not violate any right of equality guaranteed 
by Articles 14 and 16 of the Constitution nor does it violate 
H 
SECY., DEPT. OF PERSONNEL, PUBLIC GRIEVANCES & PENSION v. 
151 
T.V.L.N. MALLIKARJUNARAO 
the constitutional protection against hostile or arbitrary A 
discrimination. Therefore, no exception can be taken to 
the difference in the pay structures of entry grade of Data 
Entry Operators and the ·next higher grades. In these 
cases, both the Tribunals and the High Court failed to 
notice that before rationalization of the posts, i.e. prior B 
to 1986 there were in existence two grade of operators, 
Junior Key Punch Operators in the scale of Rs.260-400 
and Senior Key Punch Operators in the scale of Rs.350-
560. The pay scales of these posts were revised to 950· 
1500 and Rs.1200-2040 respectively w.e.f. 1.1.1986. In C 
view of reorganization of Electronic Data Processing 
posts the Key Punch Operators and other posts which 
had lower pay scale of Rs.260-400 was revised to Rs.950· 
1500. Their posts were re-designated as Data Entry 0 
Operators Grade-A with benefit of other revision of the 
scale of Rs.1150-1500. In fact double benefit was granted 
to them w.e.f. 1

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