UT told to fix pay scale of data entry operators in Edu Dept

The Chandigarh Bench of Central Administrative Tribunal (CAT) has directed UT Administration to fix the pay scale of a data entry operator working in the Education Department on a par with the data entry operators working in other departments having similar qualifications and selected through same process.

The tribunal has passed the order on an application filed by Shweta Arya working as data entry operator in the Education Department through advocate BB Bagga. She has challenged the order, whereby she was denied pay parity vis-a-vis other data entry operators, having the same qualification, experience and seniority and selected through a similar selection process.

She prayed for issuance of appropriate directions to the department to correctly fix pay scale w.e.f. December 1, 2011, when similarly placed employees were granted a new pay scale. She said that the posts of data entry operators were advertised on July 16, 1998, and subsequently on July 1, 2000.

The advertisements clearly showed that the qualification and eligibility criteria laid down for the post of data entry operators in two separate selection processes were the same and identical in letter and spirit and the post mentioned were the same. After selection she was appointed as data entry operator.

She said that the posts existed in different departments of UT, including at the Government Medical College-cum-Hospital (GMCH-32), Chandigarh, and the job was identical in all respects. She said she was working on regular basis and was posted at the TS Central Library, Sector 17, Chandigarh, but the benefit of pay scale parity was denied to her without any valid reason.

After hearing the arguments the commission said that the essential qualification for the post was Class XII and the candidate should be in the age group of 18-27 years on the date of advertisement. The same qualification was fixed for the post at the GMCH-32. The only difference was desirability of one-year experience as prescribed for the post in GMCH-32. The tribunal said that one year experience was a desirable condition and not an essential qualification for recruitment.

It said the applicant was on a par in eligibility with other data entry operators working in the GMCH-32 and was entitled to pay parity with them. “As such the respondents are directed to fix pay of the applicant on a par with similarly placed employees in the same pay scale w.e.f. December 1, 2011,” the order said.