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Monday, September 23, 2013

Supreme Court dismisses the appeal filed by the Ministry of Defence regarding implementation of Dynamic Assured Career Progression (DACP) scheme for military doctors

Good news for Military Medicos.

It may be recalled that the Cabinet had approved the Dynamic Assured Career Progression (DACP) scheme for all doctors serving under the Central Govt by way of an Office Memorandum issued on 29 Oct 2008.

Though the Ministry of Defence was not against implementing the same for military doctors, the then Principal Personnel Officers Committee (PPOC) and the Chief of Staffs Committee (COSC) of the time opposed it on the pretext that doctors would start getting a higher salary than others and that the implementation should be kept pending till other anomalies of the forces were resolved. The main opposition was from the Army while the Air Force, Navy and the office of the DGAFMS had fully supported the implementation of DACP. The factum as to how this approach of the services was self-defeatist has been discussed threadbare in earlier posts, here and also here.

The Chandigarh Bench of the Armed Forces Tribunal (AFT) however in its strongly worded decision rendered on 18 July 2011 had directed that instructions for implementation of DACP in the military should be issued within a period of 3 months.

But rather than implementing the judgement, the Ministry sought time on multiple occasions and then filed an Appeal in the Supreme Court. One of the grounds taken by the Defence Ministry was that even the Chief of Staffs Committee (COSC) was not in favour of implementing DACP, which in fact was not entirely true since by this point of time, the Services had realized their folly and supported the grant of DACP, though in my opinion the support was not an all-out support as was logically expected.

Anyway. The Civil Appeal filed by the Union of India against the judgement of the AFT was listed today for hearing in the Supreme Court and the Hon’ble Apex Court has dismissed the same thereby upholding the judgement of the AFT.

Besides bringing joy to the military medico community, the lesson that this chapter should bring home is that one should never ever be jealous of the benefits or progress of our peers and neither should such issues be held ransom to the though-processes of those who feel that others should not get their legitimate dues till they get what they perceive to be legitimately theirs.


Jai Hind. 

41 comments:

Anonymous said...

Navdeep sir ,Thanks to you and other like minded people for DACP.However still there is so much of confusion as to what exactly will be the benefit?
1-will doctors get the rank of Col
2-at what years of service will amc doctors be benefitted.spl vs gdmo
3-wiLL it may implemented from 2008 or july 2010 after AFT orders.
4-will it affect the transport allowance also or perks as well.
navdeep sir can you throw some light.

Anonymous said...

GREAT & THANX JUST BEING A FELLOW HUMAN IN ARMY NOT ACCEPTED IN ARMY ONLY FOR DOCTORS -- NOT TO LIVE & NOT ALLOW OTHERS TO LIVE ---POLICY OF FELLOW SENIOR OFFICERS

Anonymous said...

Thanks Navdeep sir for all your efforts. What does DACP for army doctors mean. Please make us knowledgeable on the scheme .

Anonymous said...

Congrats on perseverence in pursuance of the case...Keep it up Major..!

Anonymous said...

AS I know in other uniform serives where it is implemented viz BRO..Drs are wearing rank badges as per their service seniority and got all pay and allces of that rank..

Col Prasad said...

now that the DACP is granted by the orders of the honourable Supreme Court and not by the MoD or the Chiefs, it should be in implemented in complete letter and spirit with full service benefits. It should not be accepted as non functional up gradation as was proposed earlier. It should at par, as for the CGHS services, with out any ambiguity and compromise.

sourjya said...

how does it benefit GDMOs in army with more than 13 yrs of service and less than 20yrs?

Anonymous said...

Thank u Navdeep sir, for showing perseverance n courage to fight against the mity autocratic, high headed and selfish superiors of the organisation. Please elite us on the actual benefits is DACP & when will it actually get implemented.

Anonymous said...

Thank you Navdeep Sir for the enduring effort and pesistence which has shown tremendous results and made all us medicos a happier lot! God bless the whole team!

AMC DOCTOR said...

Thank you very much Maj Navdeep for the great help in changing Denied Assured Career Progression to Dynamic Assured Career Progression for AMC doctors

Sitendra Kumar said...

This is a major victory for Army Doctors and as a logical corollary it would be extended to other arms as well. DACP means that all Doctors would be given the grade of Joint Secretary with a rank pay of Rs 10,000 p.m.on presumptuous basis i.e. on non functional basis with full pay and allowances after completing 18 years of service just like for Doctors of CHS..

Anonymous said...

Thnx a ton maj navdeep for being at it n finally getting it as people in uniform cannot unite against such issues.

Anonymous said...

Thankyou Maj Navdeep and thanks to DGAFMS. Hope they implement it soon in letter & spirit!

Anonymous said...

Lots of thanks to Maj Navdeep for steadfastly pursuing the case.We hope the govt order comes through at the earliest.

gulab chand said...

Sir,
As we have seen MOD is totally against well being and welfare of services and in this case.
2 The negative attitude has come to service officers and headquarters also, which need to be remedeied.
3 Chiefs should look into it educate officers and service headquarters in having always sympathetic attitude to all personal.
4 It is high time Govt brings in rule to forbid such appeals by Central Govt, once it is decided by High Courts and AFT. Only in rare cases appeal to supreme Court should go.
5 The highest court itself can give such ruling.

Rajeev Gupta, DRZ said...

Dear Maj Navdeep,
Following up on the various anomalies of the Grade Pay and its equivalence by the Govt, I would like to bring to notice the issue of Grade Pay for Zila Sainik Kalyan Adhikaris(ZSKO) appointed in the Zila Sainik Kalyan offices at various districts in all states of the country.
As per the latest definition by DGR and MoD, Ex Serviceman status is granted to people who have done pensionable service or who have been discharged on Medical Grounds but in receipt of Med Pansion.
Thus for a Retd Offr to be eligible for being appointed as ZSKO in any state, he would be a Lt Col/Col.
As on date, since I am dealing with the issue officially, most states in the country are offering a Grade Pay from 4200-5400 for the ZSKA!!
Case has been taken up through various Comd HQs with State Govts for enhancement of the said Grade Pay to at least Rs 8000/-
Wanted the people on this forum to be aware of this anomaly...

AMA said...

Services treat their doctors the way bureaucrats and netaas treat them. Give your doctor due respect and perks and he/she will sacrifice his/her own comforts to see a thankful smile on your face and your loved ones. Change your attitude towards us, stop comparing your service, rank and pay with us and you will see the way these hospitals treat you.


Col.Reddy said...

There are certain riders to get DACP
1)ACR SHOULD be very good i,e Between 7&8 - 5 ACRS
2)TRANSPORT Allowance at Rs7000/if entitled for a vehicle, only co/ADMS/etc.
3)For spl DACP-10000 GP @13yrs.+ 3YRS .+3YRS= 19 YRS
4) GDMOS DACP-10000 GP 7YRS IN 8700
OR 20YRS .
5)DACP IS PERSONAL TO THE OFFICER.
NO CHANGE IN RANK.
6)SO LETS WAIT HOW MOD COMES OUT.

COL.REDDY said...

DACP-
@4YRS GP7600/
@9YRS-GP8000/
@13YRS-GP8700/
@20YRS GP10000/+44000(BASIC)

dhakak said...

NAVDEEP Sir,

Regarding DACP There is still lot of confusion regarding date of implementation,rank alottment and spl vs GDMO
A)DATE of implemtation should be when government announced for the all central government doctors in 6 pay comission applicable since jan 2006 or when chandigarh AFT announced its application to military doctors IN JULY 2010.what do you or any OTHER knowledgeble person says.
B)will amc doctors get full COL rank along with grade pay of 10000 or not.
c)will army doctor with PG get grade pay with 13 yrs of physical service and GDMO will get with 20 years of physical service or not.
D)Arears will be applicable from which date please.

amcdoc said...

This news has come only in Tribune Chandigarh. Hope it is true.

If true, AMC Lt Cols (both Spls and GDMOs will get Gr Pay 8700 wef picking Lt Col rk and will get Gr Pay of 10000 at 20 yrs, but full Col rk will still be based on selection process/time scale as the case be. All asso perks of 10000 Gr Pay will acrue.

Anonymous said...

Dear Maj Navdeep thanks a ton for supporting the cause. As I see from the various posts above , there is a lot of confusion on what is likely to be finally implemented for military doctors.
I request you to may be write a full blog on what should a doctor both Splst and GDMO expect in the near and distant future.

Anonymous said...

Dear Sir,
I am doctor from another Central Govt. dept which has been fighting the DACP case in SC after winning in CAT and High Court.The department has lots of money and power but I cannot continue now after 2years.I want to finish the case in SC now pl upload the judgement copy,case No. and all the details and your email.This judgment will liberate the shackles of bondage of many doctors who are in minority in many department who are suppressed and denied their rights .Pl I am waiting for your response.

Ghost said...

Dear Maj.Navdeep Singh,
We are from DAE and would like have a copy of the case files the judgements and submission in courts our case is also in SC since some years.
mathewpalex@gmail.com

Anonymous said...

When is it likely to be implemented? How much longer are they going to delay it?

Anonymous said...

How much longer will take to implement the DACP scheme?

Anonymous said...

Are they going to implement DACP or there is any higher court for appeal!

dr ghosh said...

it has been signed yesterday and announcement will come in a few days.. lets wait to see how much they have twisted it now..

Anonymous said...

Thanks Dr Ghosh for the info.
If it is implemented in a twisted form then again a contempt case may be filed.

It should be accepted in complete letter and spirit only.

But what is the fate of specialists who do in service PG in AFMC or any other institute after giving 4 yrs of service as GD.

Navdeep Mann said...

Any new development regarding DACP?

Mitrabasu Chhillar said...

Dear All,
We are DRDO doctors facing similar problem with the system.
Although we are medical doctors but they say we are designated as Scientists so not eligible.
could anybody or Navdeep guide us on how to proceed.
could we get a copy of the supreme court decision to help us in proceeding further

Anonymous said...

where is the delay now

Anonymous said...

has a new case been filed against non implementation of DACP... some rumours say so

Anonymous said...

Dear Maj Navdeep,
When will they implement it, if at all they do? looks like we may retire by the time it comes through. Could you please let us know what is stopping it now?

Navdeep Mann said...

Any progress on it!! It seems DACP will die a with time and may be with 7th pay commission

Anonymous said...

where is it stuck

Sumit Rai said...

DACP Scheme was to be implemented even for Doctors appointed as Medical Faculty in Central Universities i.e. UCMS, BHU and AMU, but none of the University VC's have got it implemented. It was to be implemented w.e.f. 31st December 2008 as per UGC Gazette Notification dated 18th September 2010, but the Executive Council of DU [for UCMS] has changed the date as per their whims and fancies to 17th august 2013, thereby leaving all appointed Assistant Prof in a lurch. There are two two court cases filed to get DACP, one in BHU and the other in UCMS. The UCMS Case number is WP[Civil] 1222/2014.
Sir, Can you please send the case number for military Medicos at sumit _rai@yahoo.com.
Lets get our Right which is DACP.
Regards
Dr Sumit Rai
Assistant Prof [Microbiology]
UCMS

Arun Kumar KV said...

Hindustan times (Chandigarh edition) update dated 26 May 2014.on DACP
http://www.hindustantimes.com/punjab/chandigarh/dacp-implemented-for-paramilitary-doctors/article1-1222951.aspx

Anonymous said...

DACP is implemented with rank progression in CAPF

http://www.mha.nic.in/sites/upload_files/mha/files/ExtDACP_100314.pdf

Anonymous said...

How come the matter is suddenly so dead?????????


Is non execution of court orders so simple????

Anonymous said...

Dear Sir,
Could you pl enlighten me if similar matter can be initiated for " Central Govt Engineers "( including engineering officers in defence forces) also.

Warm regards