LexUNION OF INDIA THROUGH SECRETARY & ORS, versus ANJU JAIN & ANR.
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[2015] 1 S.C.R. 599 UNION OF INDIA THROUGH SECRETARY & ORS, V. ANJU JAIN & ANR. (Civil Appeal No. 50 of 2015) JANUARY 06, 2015 [SUDHANSU JYOTI MUKHOPADHAYA AND PRAFULLA C. PANT, JJ.] B Service law - Pay scales- Re-fixation of pay - Initial appointment of applicants-respondent no. 1 and 2 w.e.f. C 05.05.1987 and 19.05.1987 as Junior Machine Operators (JMO!Key Punch Operators) in the pay scale of Rs. 950-20- 1150-EB-25-1500 - Abolition of the said posts w. e. f. 27.07.1995 - On request respondents adjusted against the vacant posts of Computor (feeder) with the same pay scale D as of JMO - Thereafter, adjusted against the vacant post of computer by way of ad hoc promotion, w.e.f. 04.11.1997 in the pay sale of Rs. 4000-100-6000 - Grant of First Financial Upgradation under ACP Scheme but the pay of respondent re-fixed in the same scale of Rs. 4000-100-6000 - Meanwhile, E rationalization of pay scales for Electronic Processing Cadre - Post of JMO reclassified as Data Entry Operator, Grade 'A' with pay scale of Rs. 1150-1500 and post of Computor reclassified as Data Entry Operator, Grade 'B' in the pay scale of Rs. 1350-2200 effective from 01.01.1986 - However, JMO F as Data Entry Operator, Grade 'A' not granted pay scale of Rs. 1150-1500 w. e.f. their date of initial appointment - Challenge to - Tribunal as also High Court holding that those working as JMO to be treated as Data Entry Operator, Grade 'A' in the scale of Rs. 1150-1500 from their date of their initial G appointment - Interference with - Held: Not called for - Respondents to be treated as Data Entry Operator Grade 'A' in the pay scale of Rs. 1150-1500 from the date of their initial 599 H 600 SUPREME COURT REPORTS [2015] 1 S.C.R. A appointment and subsequent replacement of pay scale of Rs.4000-6000 from the date the pay scale was so revised - Admittedly, the posts of JMO, etc. were abolished and, therefore, they were adjusted to the post of Computor w. e.f 04. 11. 1997, the adjustment was so made with a condition that B they have been drawing the salary and pay and allowances as admissible to the posts of Junior Machine Operator which they were holding prior to 27th July, 1995 - Therefore, the · respondents though hold the posts of Computor they were entitled to the pay scale of Rs.1150-1500 w.e.f 27.07.1995. c D E Secretary, Department of Personnel, Public Grievances & Pension & Anr. Vs. T. V. L. N. Mallikarjuna Rao C.A. No. 10862 of 2014 etc. etc. Order dated December 09, 2014 by Supreme Court - referred to. CIVIL APPELLATE JURISDICTION: Civil Appeal No. 50 of 2015. From the Judgment and Order dated 01.08.2013 of the High Court of Delhi at New Delhi in W.P. (C) No. 2736 of 2013. Tushar Mehta, ASG, Sushma Manchanda, Usha Reddy, B. Krishna Prasad for the Appellants. M. N. Krishnamani, Rajesh Sharma, Nitin Kumar, Shalu F Sharma for the Respondents. G The Judgment of the Court was delivered by. SUDHANSU JYOTI MUKHOPADHAYA, J. 1. Leave granted. 2. The appellants have preferred this appeal against order dated 1st August, 2013 passed by the High Court of Delhi at New Delhi in W.P. (C) No.2736 of 2013. By the impugned order, the High Court affirmed the order dated 17th March, 2012 H passed by the Central Administrative Tribunal, Principal Bench UNION OF INDIA THROUGH SECRETARY v. ANJU 601 JAIN [SUDHANSU JYOTI MUKHOPADHAYA, J.] (hereinafter referred to as, 'the CAT') and dismissed the writ A petition preferred by the appellants herein. 3. The factual matrix of the case is as under: The case of the Respondent Nos. 1 and 2 is that they were initially appointed as Junior Machine Operators(JMO)/Key Punch Operators w.e. f. 05.05.1987 and 19.05.1987 respectively on temporary basis in the pay scale of Rs.950-20- 1150-EB-25-1500. Later on, their services were regularized w.e.f. 19.05.1989. Subsequently, on the recommendations of C the Economic Reform Commission and the Staff Inspection Unit, the posts of Junior Machine Operator, Senior Machine Operator and Comptometer Operator in the office of appellant no.2 were abolished w.e.f. 27.07.1995. However, on the request of the respondents, their services were adjusted against the vacant posts of Computor(feeder) which was a promotional post but with the condition that the respondents will draw only the salary and pay and allowances as admissible to B D the posts of Junior Machine Operator which they were holding prior to 27.07.1995. Lat
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