Judgment:
By Hon'ble Dr. K.B.S. Rajan, Judicial Member
The applicant entered services of the respondents as a Data Entry Operator cum Verifier vide Annexure A-1 order dated 20.10.1993. On his representation vide Annexure A-2 read with undertaking at Annexure A-4, which was forwarded to the competent authority vide Annexure A-3, the applicant was transferred to Cochin vide Annexure A-7. In all in the entire organization there are only 65 DEOs and only one DEO at Cochin. Vide Annexure A-9, a proposal to the following effect was considered:
"9. The posts of DEOs of both CBEC and CPAO (total No. 143) can be merged with mainstream accounts cadre as Accountants in the larger interest of the organization. This would also meet the genuine aspirations of the existing DEOs who have been deprived of a decent career growth, which is at presently being enjoyed by the mainstream cadre. The DEOs of CBEC have already received 1st financial upgradation under ACP scheme in the pay scale of Rs. 4500-7000. The DEOs of CPAO have in any case, got the pay scale of Rs. 4500-7000 as personal to them and have subsequently received financial upgradation in the scale of Rs. 5000-8000 (through ACP). The Computer Operators of CPAO are in pay scale of Rs. 5000-8000.
10. All of them can be appointed as Accountants in the pay scale of Rs. 4500-125-7000 w.e.f. 1.1.2007. Seniority on merger will be granted in the Accountant cadre as per extant rules of the Government in this regard. Their further promotion as Senior Accountant shall be governed by the provisions of CCAS Gr. C Recruitment Rules. Their existing pay would be protected as per existing rules of Government.
14. In the light of the above submission, it is recommended that the posts of DEO in CPAO and CBEC may be converted/merged with the existing posts of Accountants/Sr. Accountants in CPAO and CBEC.".
2. The Vth Central Pay Commission vide Annexure A-10 considered the case of DEOs and recommended the following:
"55.111 The creation of posts is an administrative matter and must be decided by the Department keeping in view its functional requirements. Cross cadre promotions are not desirable. In fact, due to large scale automation in government offices, it is expected that the cadre of Data Entry operators would become redundant in future when the normal staff will work with the help of computers and will do routine data entry themselves".
3. Keeping in view the above the applicant approached the second respondent requesting merger of DEOs with Accountants vide Annexure A- 11 representation dated 16.5.2008. There has been no response to the aforesaid representation. Hence, this OA seeking an alternative prayer which inter alia includes a direction to the second respondent to dispose of the representation at Annexure A-11 while taking into account the various points raised in this OA, within a stipulated period.
4. When the case came up for admission hearing counsel for the applicant referred to the earlier proposal as well as Pay Commission recommendations (extracted above) and submitted that since DEO is a dying cadre it will be only appropriate that a decision is taken at the highest level of CGDA in regard to merger of DEO with the post of Accountant.
5. Normally when details are available with the Tribunal a decision can be arrived at as to whether the applicant is entitled to the relief sought for. In this regard the decisions by the Apex Court in the case of C. Jacob Vs. Director of Geology and Mining -2008 (10) SCC 115 read with A.P.S.R.T.C. Vs. G. Srinivasa Reddy -2006 (3) SCC 674 refers. However, in the instant case the response of the respondents is not available and the Pay Commission recommendations as well as the proposal, if decided to be implemented by the respondents, the same might redress the grievance of the applicant. It will, therefore, be appropriate that the respondents consider the representation of the applicant in the light of the recommendations made by the Vth Central Pay Commission as well as the department itself as extracted above and arrive at a judicious decision in regard to merger of DEO with Accountant.
6. Without, therefore, expressing any opinion on the merits of the matter, this OA is disposed of with a direction to the respondent No. 2 to consider the representation at Annexure A-11 of the applicant in the light of the recommendations made by the Central Pay Commission as also keeping in view Annexure A-9 and arrive at a conclusion. The decision so arrived may be communicated to the applicant within a period of four months from the date of communication of this order.
7. OA is disposed of accordingly. No costs.