IMPORTANT POINTS
Principle of equal pay for equal work not always applicable even for duties and functions of similar nature.
Nature of job, responsibility, accountability and status and rank of different posts are important factors to be considered for deciding pay structure.

Headnote:(a) Service Law – Pay structure – Classification of posts and determination of pay structure – Exclusive domain of the Executive – Tribunal cannot sit in appeal over the wisdom of the Executive in prescribing certain pay structure and grade in a particular service. (Para 26)
       (b) Service law – Pay structure – Data Entry Operators Gr. A and B – Qualifications for two grades different – Grade B a promotional post from Grade A – Grade B having some additional duties over Grade A – Different pay scales for Gr. A and B not violative of Article 14 and 16 of Constitution – Nature of job, responsibility, accountability and status and rank of different posts are important factors to be considered. (Para 28)
       (c) Service law – Pay parity – Principle of equal pay for equal work not always applicable even for duties and functions of similar nature – Courts below failed to notice that pay structures in question are contained in statutory rules framed under Proviso to Article 309 of the Constitution. (Para 29)
       (1989) 2 SCC 235; (1994) 2 SCC 521 – Relied upon
       Facts of the case:
       The respondants who were posted in different departments in the Ministries of Union of India as Data Entry Operator Grade ‘A’, moved applications before the Central Administrative Tribunals for grant of pay scale of Rs.1350-2200 with effect from 1st January, 1986.
       The Tribunal allowed the applications.
       The judgment and orders passed by the Tribunal was affirmed by the High Court.
       Finding of the Court:
       Data Entry Operators Grade-A are not entitled for Scale of pay of Rs.1350-2200 w.e.f. 1.1.1986
       Result: Appeals dismissed.

JUDGMENT

Sudhansu Jyoti Mukhopadhaya, J.

Delay condoned. Leave granted.

2. The respondents who were posted in different departments in the Ministries of Union of India as Data Entry Operator Grade 'A', moved applications before the Central Administrative Tribunals for grant of pay scale of Rs.1350-2200 with effect from 1st January, 1986. The Tribunal allowed the applications. The judgment and orders passed by the Tribunal having affirmed by the High Court are under challenge in these appeals.

3. The facts leading to the cases are as follows:

A number of posts of Electronic Data Processing were created in the different departments of Ministries 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.

4. Fourth Central Pay Commission made a suggestion in paragraph 11.45 of its report that the department of Electronics should examine the matter and suggest reorganisation of existing Electronic Data Processing posts and prescribe uniform pay scales and designations in consultation with the Department of Personnel & Training. In pursuance of above suggestion, a Committee had been set up by the Department of Electronics in November, 1986. After careful consideration of the recommendations made by the said Committee, Government of India has decided to introduce pay structure for Electronic Data Processing posts by Ministry's O.M. No.F.7(1)/IC/86(44) dated 11th September, 1989, relevant portion of which reads as follows:

"No.F.7(1)/IC/86(44)

Government of India

Ministry of Finance

Department of Expenditure

Implementation Cell

New Delhi, dated 11th Sept: 89

OFFICE MEMORANDUM

Sub: Rationalisation of pay scales of Electronic Data Processing posts:

The undersigned is directed to refer to the recommendations of Fourth Central Pay Commission contained in paragraph 11.45 of the Report wherein it was suggested that the department of Electronic should examine and suggest reorganisation of existing Electronic Data Processing posts and prescribe uniform pay scales and designations in consultation with the Department of Personnel. In pursuance of above suggestion, a Committee had been set up by Department of Electronics in November, 1986. After careful consideration of the recommendations made by this Committee, Government of India has decided to introduce following pay structure for Electronic Data Processing posts:-

S. No.	Designation of post	Pay scale
1.	Data Entry Operator Grade ‘A’	Rs.1150-1500	This will be entry Grade for Higher Secondary with knowledge of Data Entry work.
2.	Data Entry Operator Grade ‘B’	Rs.1350-2200	This will be entry grade for graduate with knowledge of Data Entry work of promotional Grade for Data Entry Operator Grade ‘A’
3.	Data Entry Operator Grade ‘C’	Rs.1400-2300	Promotional Grade
4.	Data Entry Operator Grade ‘D’	Rs.1600-2660	Promotional Grade
5.	Data Entry Operator Grade ‘E’	Rs.2000-3500	Promotional Grade
Data Processing/Programming Staff
1.	Data Processing Assistant Grade ‘A’	Rs.1600-2260	Entry Grade for Graduates with Diploma/certificate in Computer Applications.
2.	Data Processing Assistant Grade ‘B’	Rs.2000-3200	Promotional Grade
3.	Programmer	Rs.2375-3500	Direct Entry for holders of Degree in Engineering or post-graduation in Science/Maths etc. or post graduation in Computer Application Or By promotion from Data Processing Assistant Grade ‘B’
4.	Senior Programmer	Rs.3000-4500	Promotional Grade

All Ministers/Department having Electronic Data Processing posts under their administrative control will review the designation, pay scales and recruitment qualification of their posts and revise the sam

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2014 Supreme(SC) 873

IMPORTANT POINTSPrinciple of equal pay for equal work not always applicable even for duties and functions of similar nature.Nature of job, responsibility, accountability and status and rank of different posts are important factors to be considered for deciding pay structure.

Cases Referred (2)

IMPORTANT POINTS
Principle of equal pay for equal work not always applicable even for duties and functions of similar nature.
Nature of job, responsibility, accountability and status and rank of different posts are important factors to be considered for deciding pay structure.