Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Armed Forces - Dynamic Assured Career Progression Scheme |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Armed Forces - Dynamic Assured Career Progression Scheme (DACP) - Applicability of. to medical doctors engaged as Commissioned Officers in Army Medical Crops-AMC Cadre - Doctors of AMC, with more than 20 years of commissioned/Group- A Gazetted service - Applications by doctors seeking DACP before the Armed Forces Tribunal - Tribunal allowed the applications relying on the decision dated 18th July 2011 in the Original Application seeking similar relief wherein the tribunal had held that there was no denial that the DACP Scheme is equally applicable to AMC Cadre and had directed the department to issue instructions for implementation of the DACP Scheme - On appeal, held: Correct factual position was not brought to the notice of the tribunal and also this Court, in the Appeal against the decision of the tribunal - However, considering the far reaching financial and structural ramifications for the Defence Forces and in larger public interest, it is essential to examine the applicability of DACP Scheme to Commissioned Officers of Armed Forces - The fact that no express denial was stated in the pleadings filed before the tribunal cannot be construed as admission of the Department to extend DACP even to doctors working in AMC Cadre - If DACP Scheme is extended to doctors working in AMC Cadre, it would result in an anomalous situation - Since the other Commissioned Officers working on the same rank would not be entitled for DACP considering the service conditions of the Commissioned Officers governed by respective Acts - Further, the 6th Pay Commission has not expressly recommended application of DACP Scheme to Commissioned Officers in AMC Cadre - Direction to issue instructions for the implementation of DACP scheme would have lo be construed to mean that the authorities must act in accordance with law and extend DACP scheme even to the Commissioned Officers of AMC Cadre, if permissible in law and nothing more - Thus, the respective OAs remanded to tribunal for reconsideration afresh. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2017 INSC 49 |
Petitioner | Union Of India And Ors. |
Respondent | K.p. Singh And Anr. |
SCR | [2017] 1 S.C.R. 492 |
Judgement Date | 2017-01-12 |
Case Number | 3798 |
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