CENTRAL ADMINISTRATIVE TRIBUNAL GUWAHATI BENCH Original Application No. 040/00030/2025 HON’BLE MR RAJINDER SINGH DOGRA, JUDICIAL MEMBER HON’BLE MR SANJIV KUMAR, ADMINISTRATIVE MEMBER Dr. Debo Jyoti Saikia (67 years)

Son of Late Debendra Nath Saikia Resident of Upper Lachaumiere Hill Shillong-793001, P.S. – Laithumkhrah District – East Khasi Hills, Meghalaya.

...Applicant -AND-

1. The Union of India Represented by the Secretary To the Government of India Ministry of Health & Family Welfare Room No. 156, 1st Floor, A-Wing Nirman Bhawan, New Delhi-110011.

2. The Secretary Govt. of India, Ministry of Health &

Family Welfare, Room No. 156

1st Floor, A-Wing, Nirman Bhawan New Delhi-110011.

3. The Director General of Health Services Government of India Ministry of Health & Family Welfare Room No. 446, 4th Floor, A-Wing Nirman Bhawan, New Delhi-110011.

4. The Director (A & V)

Government of India Ministry of Health & Family Welfare Nirman Bhawan, New Delhi-110011.

O.A. No/30/2025 PRASANNA Digitaly signed by BASUMATARYP B R AS A U SA M

5. The Director National Centre for Vector Borne Diseases Control (NCVBDC)

22-Sham Nath Marg, Delhi-110054.

6. The Senior Regional Director Regional Office for Health & Family Welfare Govt. of India, Dhankheti Shillong-793003, Meghalaya.

Respondents Present:

For applicant(s): Shri P. Sharma For respondents: Shri R. Hazarika, Addl. CGSC Date of Hearing: 08.04.2026 Date of Order: 22.04.2026 ORDER PER: RAJINDER SINGH DOGRA, MEMBER (J):

By this O.A., applicant makes a prayer for setting aside the impugned letter/order dated 04.10.2024 (Annexure- XII) and to direct the respondents to grant him financial benefits under Dynamic Assured Career Progression Scheme (DACP).

2. As per the applicant, he is a MBBS Doctor. He was initially appointed on 01.01.1986 as a Research Officer (Medical) in the Regional Office for Health & Family Welfare, Govt. of India, Shillong under Malaria Operational Field Research Scheme. He was appointed on regular basis w.e.f.

O.A. No/30/2025 PRASANNA Digitaly signed by BASUMATARYP B R AS A U SA M

29.09.1995 vide Order dated 29.03.2004 issued by the competent authority as Research Officer (Medical) under the Respondent No. 6. The post which was holding by the applicant was an isolated post having no promotional avenues. As such, he was stagnating in the said Group- A isolated post. The Central Pay Commission following directions of the Hon'ble Apex Court had adopted various schemes to give service benefits to those incumbents, who were holding an isolated post without any promotion. On 29.08.2008 one DACP scheme was adopted by the Central Govt. to give service upgradation to the doctors alongwith others considering their regular service. The Health and Family Welfare Department, Govt. of India had accepted the said scheme. The applicant was also entitled to get such benefits for 4 times during his 20 years regular service to the department. But the authorities instead of giving DACP benefit had granted benefit under ACP scheme which is allowed after 12 years gap of regular service and applicable to non medical staff. The benefit under DACP scheme has been allowed to similarly situated incumbents who were appointed with the applicant by same appointment order O.A. No/30/2025 PRASANNA Digitaly signed by BASUMATARYP B R AS A U SA M following judicial pronouncements by the Central Administrative Tribunal, Hyderabad Bench (Annexure V) and Karnataka High Court (Annexure -VI). The applicant had represented the authorities through his written representations for financial upgradation under DACP scheme but the same has been denied in a discriminatory manner through impugned letter dated 04.10.2024 (Annexure -XII). The applicant retired from service on 03.07.2018 without getting benefit under DACP Scheme.

3. As per Shri P. Sarma, learned counsel for the applicant, the Hon’ble Apex Court in number of judicial pronouncement had taken view that an employee should not be superannuated from the same post in which he was ini