IMPORTANT POINT
Applicability of DACP to medical doctors commissioned officers in the Defence forces needs to be examined considering all issues on merits.

JUDGMENT

A.M. Khanwilkar, J.

The respondents in the aforementioned two appeals and the petitioner in the companion writ petition served as officers of Army Medical Corps, a Medical Service, under the Government of India, with more than 20 years of commissioned/Group-A gazette service. The Army Medical Corps is a cadre of Doctors serving in the Army, Navy and Air Force. It is an organized medical service of Central Government.

2. The respondents in the two appeals approached the Armed Forces Tribunal at New Delhi, by way of an Original Application contending that they were entitled to receive Dynamic Assured Career Progression as per the DACP Scheme, as approved by the Central Government. Even the writ petitioner in the companion writ petition has sought similar relief. He has prayed for a direction against the Central Government to implement the DACP scheme even in relation to the medical officers/doctors who are commissioned officers of the Armed Forces.

3. An Original Application seeking similar relief was filed by one Col. Sanjeev Sehgal [O.A. No. 488 of 2011 before the Armed Forces Tribunal at Chandigarh]. The same was allowed by the Tribunal vide order dated 18th July 2011. In that case, the Tribunal had noted the stand of the department (appellants) that the matter regarding implementation of DACP scheme qua the doctors in AMC was still under examination. Further, the appropriate Authority was expected to take a decision in that behalf after examining the issue in due course. The Tribunal, however, proceeded to dispose of the said Original Application in the following terms:

"Heard the learned counsel for the both the parties and perused the documents including Annexures 1,2 and 3.

There is no denial that the DACP Scheme is equally applicable to AMC Cadre. The scheme has already been implemented in several Departments. However, the same has not been implemented in the Armed Forces for the reasons best known to them and the matter is hinging for the last about three years. This is clearly detrimental to the interest of the AMC officers. It ought to have been implemented much earlier by the Ministry of Defence and the concerned authorities of Armed Forces.

In the facts and circumstances, the Respondents are directed to issue instructions for the implementation of the DACP Scheme in the light of Annexures A-1 A-2 and A-3 attached with the application within three months from the date of receipt of copy of this order.

With the above direction, this application stands disposed of".

This decision became final consequent to the dismissal of Civil Appeal filed by the Department before this Court.

4. Relying on the said decision, the Tribunal allowed the two Original Applications filed by the respondents in the aforementioned appeals. The Tribunal also directed the department to issue instructions for implementation of the DACP Scheme and by placing the concerned respondents to the 4th financial upgradation of grade pay of Rs. 10,000/- under the DACP Scheme. The original application filed by the respondents in C.A. No. 3798 of 2015, was allowed by the Armed Forces Tribunal at New Delhi, being O.A. 178 of 2014, on 17th April, 2014. Similarly, the Original Application No. 108 of 2014 filed by the respondents in C.A. No. 3799 of 2015 was allowed vide order dated 9th April, 2014. The department has assailed these orders in the respective appeals.

5. When the present appeals were pending for consideration, the petitioner in companion W.P. No. 957 of 2014 approached this Court praying for the following relief:

i. "Issue a mandamus for direction to the respondents thereby to implement the recommendations of 6th Pay Commission from the date of issuance of Official Memorandum (OM) dated 29.10.2008 issued by the Government of India, Ministry of Health and Family Welfare, CHS division, in Army Medical Corps (AMC) within a specific time;

ii. Pass any