it2025_00538 — Classification of posts and pay structure comes within the exclusive domain of executive and Tribunal / Court cannot sit in appeal over the wisdom of executive prescribing certain pay structure and grade in a particular service unless it is violative of Articles 14 and 16 of the Constitution. Equal pay for equal work cannot be applied even if the duties and functions of employees are of similar nature. Promotional grade pay and entry grade cannot have same pay scale

IT Rules

Classification of posts and pay structure comes within the exclusive domain of executive and Tribunal / Court cannot sit in appeal over the wisdom of executive prescribing certain pay structure and grade in a particular service unless it is violative of Articles 14 and 16 of the Constitution. Equal pay for equal work cannot be applied even if the duties and functions of employees are of similar nature. Promotional grade pay and entry grade cannot have same pay scale — The document discusses a court case related to pay structures for Data Entry Operators in the Government of India. This chunk highlights that differences in pay scales based on job nature, responsibi... — Facts: OM, dated 11-9-1989 prescribing different pay scales for different grades of Data Entry Operators besides mode and manner of recruitment to and qualification for each entry grade does not violate Articles 14 and 16 of the Constitution nor does it violate Constitutional protection against hostile or arbitrary discrimination. No exception can be taken to difference in pay structure of entry grade Data Entry Operators and next higher grade. Data Entry Operators, Grade "A" are not entitled to Data Entry Operators, Grade "B" pay scale of ₹ 1,350 - 2,200 as held by different Benches of Tribunal and affirmed by High Court. High Court, by the impugned judgment affirmed the view of different Benches of CAT finding that Data Entry Operator, Grade "A" having pay scale of ₹ 1,150 -1,500 were entitled to Data Entry Operators, Grade "B" pay scale of ₹ 1,350 - 2,200. Data Entry Operators, Grade "B" is a promotional grade and those having six years of experience are eligible for such promotion. Promotional grade pay and entry grade cannot have same pay scale and in absence of declaration that rationalization of pay scale of Electronic Data Processing posts made by OM, dated 11-9-1989 was illegal, no such benefit could have been granted. Besides, they also failed to notice statutory rules framed under proviso to Article 309 of the Constitution and Notification, dated 10-10-1996 issued by Government stipulating scales of pay, qualification, method of recruitment for different grades of Data Entry Operators. Hence the impugned judgment is set aside. A number of posts of Electronic Data Processing were created in different departments of the Government of India. Persons were appointed against such Electronic Data Processing posts with different nomenclatures, likewise, Key Punch Operator, Punch Verifying Operator, Planning Assistant, Punch-cum-Verifier, Technical Assistant, Punch-cum- Verifier (Hollerith), etc. The Fourth Pay Commission suggested that the Department of Electronics should examine the matter and suggest reorganization of existing Electronic Data Processing posts and prescribe uniform pay scales and designations in consultation with the Department of Personnel and Training. Pursuant thereto, the Government of India constituted a Committee to suggest the re-organization of the existing Electronic Data Processing posts such as Data Entry Operator which were in the pay scale of ₹ 950-1,150. By the Office Memorandum, dated 11-9-1989, the Government of India decided to introduce pay structure for Electronic Data Processing posts with separate nomenclatures, i.e., Data Entry Operators, Grade "A" (₹ 1,150-1,500) with entry grade for Higher Secondary with knowledge of Data Entry work On these lines, Data Entry Operators, Grade "B" to Grade "F", all in promotional grades were provided by qualified persons with experience condition for promotion for each grade. After rationalization of pay scales of Electronic Data Processing posts as Data Entry Operator, number of persons who were working against lower posts of Key-Punch Operator in the scale of pay of ₹ 950- 1,500 and re-designated as Data Entry Operators, Grade "A" claimed that they were entitled for scale of pay of ₹ 1,350-2,200. Their claim was allowed by the Tribunal and affirmed by the High Court through impugned judgment. Hence the instant appeals. It was held:

IT Rules

Classification of posts and pay structure comes within the exclusive domain of executive and Tribunal / Court cannot sit in appeal over the wisdom of executive prescribing certain pay structure and grade in a particular service unless it is violative of Articles 14 and 16 of the Constitution. Equal pay for equal work cannot be applied even if the duties and functions of employees are of similar nature. Promotional grade pay and entry grade cannot have same pay scale — The document discusses a court case related to pay structures for Data Entry Operators in the Government of India. This chunk highlights that differences in pay scales based on job nature, responsibi... — Facts: OM, dated 11-9-1989 prescribing different pay scales for different grades of Data Entry Operators besides mode and manner of recruitment to and qualification for each entry grade does not violate Articles 14 and 16 of the Constitution nor does it violate Constitutional protection against hostile or arbitrary discrimination. No exception can be taken to difference in pay structure of entry grade Data Entry Operators and next higher grade. Data Entry Operators, Grade "A" are not entitled to Data Entry Operators, Grade "B" pay scale of ₹ 1,350 - 2,200 as held by different Benches of Tribunal and affirmed by High Court. High Court, by the impugned judgment affirmed the view of different Benches of CAT finding that Data Entry Operator, Grade "A" having pay scale of ₹ 1,150 -1,500 were entitled to Data Entry Operators, Grade "B" pay scale of ₹ 1,350 - 2,200. Data Entry Operators, Grade "B" is a promotional grade and those having six years of experience are eligible for such promotion. Promotional grade pay and entry grade cannot have same pay scale and in absence of declaration that rationalization of pay scale of Electronic Data Processing posts made by OM, dated 11-9-1989 was illegal, no such benefit could have been granted. Besides, they also failed to notice statutory rules framed under proviso to Article 309 of the Constitution and Notification, dated 10-10-1996 issued by Government stipulating scales of pay, qualification, method of recruitment for different grades of Data Entry Operators. Hence the impugned judgment is set aside. A number of posts of Electronic Data Processing were created in different departments of the Government of India. Persons were appointed against such Electronic Data Processing posts with different nomenclatures, likewise, Key Punch Operator, Punch Verifying Operator, Planning Assistant, Punch-cum-Verifier, Technical Assistant, Punch-cum- Verifier (Hollerith), etc. The Fourth Pay Commission suggested that the Department of Electronics should examine the matter and suggest reorganization of existing Electronic Data Processing posts and prescribe uniform pay scales and designations in consultation with the Department of Personnel and Training. Pursuant thereto, the Government of India constituted a Committee to suggest the re-organization of the existing Electronic Data Processing posts such as Data Entry Operator which were in the pay scale of ₹ 950-1,150. By the Office Memorandum, dated 11-9-1989, the Government of India decided to introduce pay structure for Electronic Data Processing posts with separate nomenclatures, i.e., Data Entry Operators, Grade "A" (₹ 1,150-1,500) with entry grade for Higher Secondary with knowledge of Data Entry work On these lines, Data Entry Operators, Grade "B" to Grade "F", all in promotional grades were provided by qualified persons with experience condition for promotion for each grade. After rationalization of pay scales of Electronic Data Processing posts as Data Entry Operator, number of persons who were working against lower posts of Key-Punch Operator in the scale of pay of ₹ 950- 1,500 and re-designated as Data Entry Operators, Grade "A" claimed that they were entitled for scale of pay of ₹ 1,350-2,200. Their claim was allowed by the Tribunal and affirmed by the High Court through impugned judgment. Hence the instant appeals. It was held:

Original Rule Text

Original Rule Text