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Dr. A. Radha Krishna S/O A. ... vs Union Of India (Uoi) Rep. By Its ... on 13 April, 2007
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Krishna Chandra Tandon vs The Union Of India (Uoi) on 24 April, 1974

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Bench: P L Vice-, M J Admn.

Dr. A. Radha Krishna S/O A. Ramanujulu Chetty vs Union Of India (Uoi) Rep. By Its Secretary
M/O Defence, The Chief Of Naval Staff, The Director General, Armed Forces Medical Services And
Admiral Superintendent, Naval Dockyard on 13/4/2007

ORDER

M. Jayaraman, Member (Admn.)

1. Heard Ms. Laxmi representing Mr. S. Lakshma Reddy, learned Counsel for Applicant and Mrs.
K. Rajitha, learned Standing Counsel for Respondents.

2. The short prayer in this OA is for issue of a direction to the respondents to extend and
implement the Dynamic Assured Career Progression Scheme (DACP) issued vide Ministry of
Health & Family Welfare letter No. 21/14/97 PC (H)/CHS-5, dated 5.4.2002 in respect of the
applicant.

3. Counsel for Applicant submitted that the applicant worked as Civilian Medical Officer since
November, 1975 and was promoted as Senior Medical Officer from January, 1987 and further
promoted as Chief Medical Officer with effect from January, 1989.

4. The short plea is that as per the Vth Central Pay Commission, the Dynamic Assured Career
Progression Scheme for officers of the Central Health Services has been recommended and
directives have been issued in April, 2002. Accordingly, Ministry of Railways, Ministry of Defence
and other Ministries including the University Grants Commission have implemented the above
Scheme in respect of all the medical officers. Since the applicant has completed more than 29
years of regular service as Civilian Medical Officer and completed 13 years of regular service as
Senior Medical Officer on 31.10.1988 and 4 years as Chief Medical officer as on 31.12.1993, he had
become eligible for grant of Non-Functional Selection Grade with effect from 1.1.1993, which has
not been given inspite of several representations and that is how the OA has been filed.

5. During hearing, learned Counsel for the Applicant submitted that the same issue was agitated by
the Indian Naval Civilian Officers Association through its President Dr (Mrs.) Pushpa Deshpande
before the Bombay Bench of this Tribunal in O.A. No. 281/1991 and vide Judgment dated
10.11.1995, the Bombay Bench of this Tribunal has allowed the OA and passed orders for extension
of the relief to the applicants in that OA on par with the benefits granted, vide letter dated
14.11.1991. She accordingly pleaded for allowing the present OA on the same lines.

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Dr. A. Radha Krishna S/O A. ... vs Union Of India (Uoi) Rep. By Its ... ... http://indiankanoon.org/doc/1712531/

6. Learned Standing Counsel appearing for Respondents stated that the matter is still under
consideration and a decision is expected shortly.

7. We have given our careful consideration to all the pleas and we find that the Bombay Bench of
this Tribunal in its Order dated 10.11.1995 passed in O.A. No. 281 of 1991, has considered the issue
before it viz., whether the benefits and promotional avenues as have been granted to various
medical officers working in various departments of Government of India should be extended to the
applicants from the date from which the other medical officers similarly situated have been
granted, vide letter dated 14.11.1991 and after examining the matter in depth, the following final
order has been passed:

i) The relief granted vide letter dated 14.11.91 are allowed to applicants. The applicants are entitled
parity in the scale of pay similar to Civilian doctors of Ordnance Factories, Govt. Mint., Family
Welfare doctors in Navy, Railway etc. and also re-fixation of pensionary benefits in the case of the
applicants who are superannuated during the pendency of the OA.

(ii) Conveyance allowance as admissible to above comparable doctors of other Govt. Departments.

(iii) Benefit of added service as per Rule 30 of CCS (Pension) Rules, which is extended to
comparable doctors referred to above including Family Welfare doctors of Navy.

(iv) Parity in the matter atleast two time bound promotions to the post of Senior Medical Officer,
and Chief Medical Officer from 1987 as per 'package deal' extended to other doctors also.

8. In the present OA, the prayer is for extending similar benefit granted by the Vth Pay
Commission regarding Dynamic Assured Career Progression Scheme, which was allowed to
similarly placed officers of the Central Health Services, vide letters dated 5.4.2002 and 20.12.2002
of the Ministry of Health & Family Welfare, and University Grants Commission's letter dated
20.1.2003, also to the applicant, who is a Chief Medical Officer in Naval Dockyard, Visakhapatnam,
for the reasons stated and decided by the Bombay Bench of this Tribunal in the aforesaid OA.

9. We find force in the above plea and accordingly we direct the respondents to consider the
representations made by the applicant working as Chief Medical Officer, Naval Dockyard,
Visakhpatnam, and also to extend similar benefit as granted by the Vth Pay Commission regarding
Dynamic Assured Career Progression (DACP) Scheme on par with the benefits already extended to
the officers of Central Health Services, vide letters dated 5.4.2002, 20.12.2002 of Ministry of
Health & Family Welfare and similar medical officers of Central Universities and Deemed to be
Universities under the University Grants Commission, vide letter dated 20.1.2003, and accordingly
consider grant of consequential benefits and pensionary benefits as also benefits, which are due to
the applicant within a period of two months from the date of receipt of a copy of this Order.

10. The OA is disposed of with the above direction with no Order as to costs.

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