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Judgment
Elipe Dharma Rao, J.—Challenging the order dated 23.4.2010 passed by the Central Administrative Tribunal [for short, ''CAT''] in O. A.
No. 1177 of 2009, the Union of India has filed the present writ petition.
The brief facts as seen from the file are as follows:
The applicants are employed as Doctors in the Hospital attached to the Department of Atomic Energy. It is stated that at the time of their
appointment, their salary was in line with other Central Government Doctors. It is the case of the applicants that in the appointment orders, it was
stated that in addition to pay mentioned in the pay scale, they will be entitled to such allowances as may be admissible under the Central
Government Rules to officers of their status sanctioned at the place of duty. It is stated that there are three promotion schemes for the Central
Government Group A personnel and they are (i) Dynamic Assured Career Progression (DACP) for Medical Doctors (ii) Modified Flexible
Complementing Scheme (FCS) also called Merit Promotion Scheme for R&D Group A personnel and (iii) Modified Assured Career progression
(MACP) for group A other personnel.
2.1 The DAE Hospital, Kalpakkam, is a unit of General Services Organisation of DAE as per official organization chart and it is a hundred bedded
hospital consisting of Medical, Skin, General Surgery, Ortho, ENT, Eye, Pediatrics, Gynecology, Dental and Radiology Departments and the
doctors have round the clock duty for all emergency cases split duty for Out-Patients.
2.2 It is the further case of the applicants that the 5th Central Pay Commission has stated that GSO is a service organization and has discussed in
Chapter 92, ''Department of Atomic Energy'', para 92.2 under the heading ''Organization set-up''. It looks after construction, estate management,
transport and maintenance and various general services at Kalpakkam. The 5th Central Pay Commission has recognised medical doctors of
Kalpakkam as outside organized services. It has discussed about the ''Assured Career Programme Scheme'' in para 92.13 of Chapter 92 and also
considered the scientific services in para 52.22 of Chapter 51 under the heading ''Modified Flexible Complementing''. In Para 52.15 of Chapter 52
of the report, under the heading, ''Medical and Paramedical Services'', it has recommended a Dynamic Assured Career Progression (DACP)
Scheme for the medical Officers employed in the Organized Health Services like Central Health Service, Indian Railway Medical Service and
Indian Ordinance Factory Health Services and it was considered by the Ministry of Health and Family Welfare in consultation with other
Ministries. Subsequently, with the approval of the Committee of Secretaries and Ministry of Finance, orders for DACP for Medical Officers had
been issued proceedings dated 05.4.2002. The grievance of the applicants was that though they were appointed as Scientist in Medical Service,
they have discharging their duties as Medical Officers and that though the said Scheme was reiterated in the 6th Central Pay Commission, the same
was not extended to them. Hence, they approached the Tribunal with the Original Application.
2.3 After receipt of notice, the Department of Atomic Energy filed its reply objecting the grant of the DACP Scheme on the ground that the
Medical officers of the Department of Atomic Energy are treated on par with Scientists for all purposes like Recruitment, Promotion, Grant of
Incentives, etc. It is stated that the promotion scheme for Medical Officers has been in vogue in Department for more than five decades and the
same is applicable to the Medical Officers of General Services Organization also from the date of its inception. According to the Department, the
Medical officers who join at the entry grade of Scientific Officers/C(M) � Pay Bank (15600 � 39100) + Grade Pay Rs. 5400 can reach up to
the level of Distinguished Scientist with Pay Band (75500 � 80000) which is above the level of Additional Secretary in Government of India. It is
stated that the Medical Officers have been treated as Scientific officers to give them parity at the highest level of employees in Department of
Atomic Energy and that since a better scheme which provides for career progression which is based on merit as the sole criteria is already in
existence in the Department, DACP has not been implemented in Department of Atomic Energy. It is stated that Hospital / Contributory Health
Service Scheme dispensary are situated in the DAE township and the Doctors of General Services Organization, Department of Atomic Energy
are getting the following additional benefits.
They are not normally transferred out of Kalpakkam.
Their promotion is based on merits and there is no link to availability of any vacancy and they are retained in the same place.
Department of Atomic Energy has its own departmental accommodation and doctors are provided with accommodation in the township very
close to Hospital.
Department of Atomic Energy has its own Central Schools managed by Atomic Energy Education Society and children of doctors are given
admission in these schools.
Department of Atomic Energy maintains its own transport facility with departmental and outsourced buses and the doctors are entitled to
departmental transport facilities.
Department of Atomic Energy are entitled to Performance Related Incentives Schemes as under which is not available to the doctors of Central
Health Scheme.
a. PRIS � O: Under this scheme of the Department of Atomic Energy employees including doctors are given 20% incentive on pay in the pay
band + grade pay every month.
b. PRIS � I: All Scientific Officers including doctors are entitled for additional increments upto 6 depending on their performance, grade
awarded in the Annual Appraisal Report.
c. PRIS � O: Doctors are also entitled for group incentive of 10% based on achieving set targets.
2.4 It is further contended by the Department that the Department of Atomic Energy have not issued separate orders consequent on
recommendations made by fifth and sixth Pay Commissions, since DAE cannot have two different schemes for its Group A Officers (Merit
Promotion Scheme for R&D personnel and DACP for Medical officers) and the same Merit Promotion Scheme is applicable for both doctors and
R&D personnel.
The Tribunal, considering the rival contentions made by the learned Counsel for the parties and on perusal of the materials placed on record,
allowed the application holding that the applicants are entitled to the reliefs as claimed by them and accordingly, directed the authorities concerned
to implement the DACP scheme in respect of the applicants and extend the benefits available to them under the DACP Scheme within a period of
two months from the date of receipt of the copy of the order. Challenging the same, the present writ petition has been preferred by the
Department.
Learned Senior Counsel representing the Department, reiterating the very same contentions raised before the Tribunal, submitted that the
Respondent Doctors are provided with the better scheme which provides Career Progression which is based on merit as the sole criteria. He
submitted that as per the guidelines of Department of Personnel and Training, DACP / MACP can be implemented where there is no other
promotion scheme exists. The service conditions and career prospects of Medical officers in Department of Atomic Energy are different from that
of Medical Officers of Central Health Services from the beginning. According to him, the Medical Officers have been availing all the benefits as
applicable to them from time to time without comparing with other Ministries till the 5th Central Pay Commission as they are more advantageous. It
is the further contention of the learned Senior Counsel that the Medical Officers of Ministry of Health carry the transfer liability and they are
generally transferred on every promotion, whereas, the Doctors in the Department of Atomic Energy are appointed and promoted in the same
place and the DAE has a separate Contributory Health Service Scheme. He submitted that the Respondents are designated as Scientists and if the
scheme is extended to the Respondents in this case, it will be precedent to the other employees holding the same post throughout the country. He
further submitted that only in the absence of any other promotion scheme, implementation of DACP will arise and, therefore, according to him, the
order of the Tribunal is illegal and sought for interference of this Court.
Learned Senior Counsel appearing for the Respondent Doctors submitted that the 5th Central Pay Commission has recommended DACP to all
Doctors in all areas.
Heard the learned Senior Counsel appearing for the parties and perused the records.
Before going into the merits of the case, it is necessary to extract the recommendations of the Fifth and Sixth Central Pay Commissions with
regard to DACP Scheme to the Doctors of the DAE.
The report of the Fifth Central Pay Commission reads as follows:
.... The recommendations of the Tikku Committee have already been implemented to the extent possible in all the cadres and sub-cadres. Our
recommendations on the Assured Career Progression will relieve stagnation to some extent, as all doctors other than GDM Os already reach
NFSG on time bound basis. We are aware that any promotions beyond the non-functional Selection Grade have to be based on vacancies arising
out of functional jurisdiction. We recommend the following dynamic assured career progression mechanisms for the different streams based on the
proposed entry levels above in replacement of the existing system.
Residency Period
Scale of pay GDOs Specialists Superspecialists
Rs. 2200 � 40004 5
-2 --
Rs. 3000 � 4500
Rs. 3700 � 50004 4 4
Rs. 4500 � 5700- - -
Chapter 3.6 of the report of the Sixth Central Pay Commission under the heading Medical and Para Medical Services deals with DACP in para
The relevant portion is extracted hereunder:
.... Further, the scheme would need to be extended to other categories of Doctors presently not covered under the scheme as similar career
advancement has to be ensured for all Doctors whose basic work remains same irrespective of the organisation or service to which they belong.
Accordingly, the Commission recommends that the DACP scheme recommended by the Fifth Central Pay Commission for different streams of
doctors should be extended to all Doctors including those working in isolated pots....
It is pertinent to note that the said recommendation was accepted by the Cabinet on 14.8.2008.
Moreover, The Ministry of Finance has passed Resolution dated 29.8.2008 wherein in paragraph 12, the DACP Scheme for doctors has
been mentioned and it reads as follows:
The Dynamic ACP Scheme for Doctors will be extended upto the Senior Administrative Grade (grade pay of Rs. 10,000/-in PB-4) for Medical
Doctors having 20 years of regular service, or seven years of regular service in the non-functional selection grade of Rs. 8700 grade pay in PB-4.
Also, all the Medical Doctors, whether belonging to organized Services, or holding isolated posts, will be covered by the DACP Scheme.
Further, a mere reading of the Official Memorandum dated 29.10.2008 issued by the Ministry of Health and Family Welfare would show that
the President is pleased to extend the scheme of DACP upto SAG level (Grade pay of Rs. 10,000/-in Pay Band � 4, Rs. 37400 � 67000 to
all Medical / Dental Doctors in the Central Government, whether belonging to Organised Service or holding isolated posts.
From a perusal of the various Official Memorandums, it is clear that the recommendations of the Fifth and Sixth Central Pay Commissions
were accepted by the Cabinet. Therefore, merely because the Petitioner Department is having Merit Promotion Scheme, which has been prevailing
for decades, the Respondent doctors cannot be denied the benefits extended by the Fifth and Sixth Central Pay Commissions. Further, the
contention of the learned Senior Counsel appearing for the Department that the Respondents cannot be granted benefits under both the schemes,
viz., DACP and MACP, cannot be accepted. It is needless to mention that once the Department has implemented DACP as per the decision of
the Cabinet accepting the recommendations of the Fifth and Sixth Central Pay Commissions, the existing Merit Promotion Scheme cannot be
extended.
The fact remains that the Respondents were appointed as Scientists and it is not in dispute that the Respondents are discharging their duties as
Medical Officers.
Learned Assistant Solicitor General produced Memorandum dated 07.01.2011 wherein it is stated that since the Scientific Officers (Medical)
working in the Atomic Energy Units are already covered by the Merit Promotion Scheme applicable to the Scientists / engineers in the
Department, DACP Scheme cannot be applied as two promotional schemes cannot run concurrently for a cadre in any Department / Ministry of
the Central Government. The Respondents have no objection for the same.
Learned Addl. Solicitor General contended that once DACP is implemented to the Respondent Doctors, it has to be followed in the case of
Scientists. We are unable to appreciate the apprehension raised by the learned Addl. Solicitor General. It is needless to mention that the relief
granted by the Tribunal is confined to the case of the applicants / Respondent Doctors only. Therefore, the question of implementing the same to
the Scientists does not arise.
Considering the facts and circumstances of the case, we are satisfied that a scheme has been adopted by the Department and the same has
been extended for years together, is not a ground to deny DACP for the Respondent Doctors, more particularly, when both the Fifth Central Pay
Commission and Sixth Central Pay Commission have recommended for the same.
In view of the above, the writ petition fails and the same is dismissed. No costs. Consequently, M.P. No. 1 of 2010 is closed.