The state is obligated to extend the benefits of a judicial order in rem to all similarly situated employees without forcing them to engage in individual litigation, as treating equals differently constitutes discrimination in violation of Article 14 of the Constitution.

ORDER

(Pronounced by Hon'ble Mr. M. Swaminathan, Judicial Member)

The applicant has filed the OA seeking the following relief:

“To set aside Office Memorandum H WB/IRS2/6(5)(4)/2025/1954 dated 02/05/2025 issued by the 3rd Respondent and Office MemorandumNo.16/4(5)/2025-SUS/4671 dated 9.4.2025 issued by the 2nd respondent and consequently direct the respondents to extend the benefit flowing from the judgment of the Hon'ble Supreme Court dated 24.08.2023 made in C.A.13502/2015 to the applicant as he is identically situated and grant the benefits as granted to the parties to the above referred litigation vide Orders dated 26.11.2024 and 14.12.2024 in accordance with the Dynamic Assured Career Progression Scheme with all consequential benefits including revised pensionary/terminal benefits with arrears of pay and pension and pass such further or other orders as may be deemed fit and proper”

2. The facts leading to the filing of the OA are as follows:

The applicant entered the service of the 3rd respondent on 06.04.1995 as Scientific Officer (Medical) Grade at the Bhabha Atomic Research Centre (BARC), Mumbai. He was subsequently transferred to the Heavy Water Plant, Tuticorin on 08.04.1996. During his tenure, he earned promotions in the years 1999, 2004, and 2010, and ultimately retired on superannuation as Scientific Officer–F Grade from the Heavy Water Plant, Tuticorin on 30.04.2016. The Heavy Water Plant functions under the Heavy Water Board (HWB) of the Department of Atomic Energy (DAE), the 2nd respondent herein. The applicant has rendered an unblemished service of 21 years. Following the introduction of the Dynamic Assured Career Progression (DACP) Scheme pursuant to the recommendations of the 5th and 6th Central Pay Commissions, representations were submitted by the Doctors of GSO seeking extension of DACP benefits. However, these representations were not considered. Subsequently, fifteen similarly placed Medical Doctors working at GSO, Kalpakkam filed OA No.1177/2009 before this Tribunal seeking implementation of DACP benefits as recommended by the 6th CPC for all Medical Doctors in Central Government Ministries/Departments. The Tribunal allowed the OA by order, dated 24.04.2010, which was affirmed by the Hon’ble High Court of Madras on 12.01.2011 in W.P. No.12209/2010. The matter was taken on appeal to the Hon’ble Supreme Court, which dismissed the appeal on 24.08.2023 in C.A. No.13502/2015. The consistent view of all Courts has been that Medical Doctors working in GSO/DAE cannot be regarded as Scientists, but only as Medical Officers, thereby entitling them to DACP benefits extended to all Doctors in Central Government establishments. In effect, the judgments constitute judgments in rem and are applicable to all Medical Officers working in DAE Hospitals, irrespective of whether they were parties to the earlier litigation. Following the Supreme Court’s decision, the 2nd respondent, as the competent authority, decided on 15.04.2024 to implement the judgment in respect of the parties involved in the litigation. Consequential orders granting DACP benefits were issued on 26.11.2024 and 14.12.2024. Meanwhile, other similarly situated applicants sought extension of the same benefits in terms of the Supreme Court’s judgment. However, the 2nd respondent, by a general/omnibus order, rejected their request on the untenable ground that the orders in favour of Dr. Deepak Sen & others were applicable only to the parties to that litigation and were not int