Retired government doctors engaged as consultants are entitled to dearness allowance as per established guidelines, and the authorities must comply with their own directives regarding payment.

Headnote:(A) Administrative Tribunal Act, 1985 - Section 19 - Relief sought for release of dearness allowance (D.A.) and arrears by retired government doctors re-employed as Medical Consultants - The applicants were not paid D.A. despite instructions from authorities - The court emphasized compliance with prior directives and clarified the entitlement to D.A. as per applicable rules. (Paras 1, 3, 9)

(B) Employment Contracts - The terms of engagement for retired government officials as consultants must adhere to the guidelines set forth in the relevant Office Memorandum, ensuring clarity on remuneration and allowances. (Paras 2, 4, 6)

Facts of the case:
The applicants, retired government doctors, were re-employed as Medical Consultants under a contract but were denied D.A. despite similar doctors receiving it. They sought compliance with directives issued by the authorities for payment.

Findings of Court:
The court directed the respondents to comply with their own letters and release D.A. and arrears within three months, with interest for delayed payment.

Issues: The main issues included the entitlement of the applicants to D.A. and the compliance of the respondents with prior directives.

Ratio Decidendi: The court ruled that the respondents must adhere to their own directives regarding D.A. payments, emphasizing the importance of following established guidelines for remuneration.

Result: Application allowed.

ORDER (ORAL)

Hon’ble Mr. Manish Garg, Member (J):-

1. In the present Original Application, filed under Section 19 of the Administrative Tribunal Act , 1985, the applicants have prayed for the following relief(s):

“i. To direct and to comply with the directions issued vide letters dated 06.06.2019 and 10.10.2019 (A-1 (colly) by Competent Authorities to respondents No.4 to 6, to release D.A to the applicants appointment as Medical Consultant Doctors in DGHS; and ii. To direct the respondents to release arrears of D.A from the date of their initial appointment as Medical Consultant Doctors in DGHS along with penal interest of 18% till final payment is made; and iii. To pass any such order/orders as may be deemed fit and proper by the Hon'ble Tribunal in the facts and circumstances of the case.”

2. Highlighting the facts of the case, the learned counsel for the applicants submits that the applicants herein are retired government doctors who were re-employed as Medical Consultants on a contract basis by the DGHS Govt. of Delhi. They were recruited along with 37 other doctors during the year 2017-18 against the vacant existing vacancies of 140 Medical Officers after approval of the Chief Minister and Hon'ble Lt. Governor, Delhi. The said recruitment was done on the basis of a one-year contract to be renewed after every year depending upon the vacancy position. He further submits that the contract is governed by the terms and conditions as per O.M. No. F.20/47205-AC/204-248 dated 04.12.2015 of the Ministry of Finance. He draws attention to Para 'C' of the said O.M., which reads as under:

“(c) The amount of monthly consolidated remuneration / fee in the case of retired Government officials appointed as Consultant shall be Last Pay minus Basic Pension plus DA at the applicable rate. However, a retired Government official appointed as consultant shall continue to draw pension and the dearness relief thereon during the period of his engagement as Consultant. His/her engagement as consultant shall not be considered as a case of re-employment.”

3. Learned counsel for the applicants’ submits that despite instructions/guidelines vide O.M dated 04.12.2015 (supra), the applicants were not paid D.A., whereas other similarly situated Doctors of other districts of Delhi paid due D.A. along with arrears for the duration of their service. Being aggrieved, some of the applicants submitted a representation to the Chief Secretary, Delhi and Secretary (Health) on 07.05.2019. Accordingly, an Order under the signatures of Deputy Secretary HR Medical dated 06.06.2019 has been passed asking DGHS for compliance by 12.06.2019 regarding payment of D.A. as per Para ‘C’ of the above said O.M. Based upon the Orders dated 06.06.2019, DGHS has also issued a letter dated 10.10.2019, asking CDMO's to comply with the same. For the sake of brevity, the letter dated 10.10.2019 is reproduced herein below:

“Please refer to the Dy Secretary (HR-Medical), H&FW Deptt letter No F 11/37/2018/H&FW/HR-Medical/CD No. #112495230/639 dated 06.06.2019 on the subject cited above various representation on the subject matter were received by H&FW. for seeking clarification whether the Retired Medical Officers engaged as consultant on contract basis under various CDMOs of DHS are eligible for drawl of DA as applicable from time to time in accordance with the terms of Finance (Accounts) Department OM No. 20/472015-AC/204-248 dated 04.12.2015.

In this context, Pr Secretary (H&FW) referred the matter to Secretary(Finance), Finance (Expenditure-I) Department. GNCTD, who clarified his decision in the case as under:

“That the point (C) of aforesaid OM No.20/472015-AC/204-248 dated 04.12.2015 is self explanatory which provides DA at the applicable rate to consultants engaged on contract basis as per FD's OM dated 04.12.2015."

A copy of the said OM is enclosed herewith for ready reference.

Therefore all CDMOs are hereby directed to adhere to the above clarification provided by Secretary (Finance) of Fi

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2025 Supreme(Online)(CAT) 856

CENTRAL ADMINISTRATIVE TRIBUNALMr. Manish Garg, J, Dr. Anand S Khati, ADr V K Aggarwal – AppellantVersusGnctd – RespondentO.A./2061/2023

Retired government doctors engaged as consultants are entitled to dearness allowance as per established guidelines, and the authorities must comply with their own directives regarding payment.

CENTRAL ADMINISTRATIVE TRIBUNAL
Mr. Manish Garg, J, Dr. Anand S Khati, A
Dr V K Aggarwal – Appellant
Versus
Gnctd – Respondent
O.A./2061/2023