JUDGEMENT
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(1.)This common order shall dispose off the aforesaid three writ petitions preferred against the common order passed by the Central Administrative Tribunal, Principal Bench, New Delhi, inter alia, in O.A. No.2230/2006 filed by Sh. Krishan Lal and six others (from which W.P.(C) No.5777/2007 arises), O.A. No.1778/2006 filed by Sh. M.R. Satyarthy (from which W.P.(C) No.5789/2007 arises), and O.A. No.2231/2006 filed by Sh. T.R. Sahdev and 26 others (from which W.P.(C) No.5812/2007 arises). The Original Applications of the petitioners have been dismissed by the Tribunal on the ground of limitation and also by distinguishing the various decisions relied on by the petitioners to claim the reliefs as claimed by them. Since the issues arising in these petitions are the same, we are dealing with all these petitions at the same time. For the sake of convenience, we are taking some facts from W.P.(C) No.5777/2007 to understand the controversy. The facts and issues arising in the other cases are also similar.
(2.)The petitioners Sh. Kishan Lal and six others filed O.A. No.2230/2006 to seek directions to re-fix their pay under the new Electronic Data Processing (EDP) pay scales of Data Processing Assistant Grade-A (Rs.1600-2660), Data Processing Assistant Grade-B (Rs.2000 - 3200) and Programmer (Rs.2375-3500) w.e.f. 01.01.1986, or from the date of their appointment on the post of Senior Computer, Statistical Assistant and Assistant Programmer, whichever is later, with all consequential, monetary and pensionary benefits. To claim the said relief they relied on the decision of this Court in Civil Writ Petition No.1212 of 1999 dated 10.01.2002 titled Union of India & Ors. v. B.N. Sharma & Ors. and the judgments of the Tribunal dated 18.12.2003 in O.A. No.553/2003 titled R.K. Sharma & Ors. v. Union of India and in O.A. No.2587/2005 titled Shama Kaul & Ors. v. Union of India. A direction was also sought to re-fix the applicants' pensionary benefits with all consequential monetary benefits.
(3.)When the Fourth Pay Commission Report was accepted by the Government and implemented, in terms of para 11.45 of the Fourth Pay Commission Report, the Department of Electronics set up the Seshagiri Committee to examine and suggest the re-organization of the existing EDP posts and to prescribe uniform pay scales and designations in all the departments of the Government of India. Taking the Seshagiri Committee Report into account, Government of India, Ministry of Finance, Department of Expenditure issued an office memorandum (OM) dated 11.09.1989, thereby introducing the pay structure for the EDP posts. The pay structure introduced by the government was as follows:
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