SUPREME COURT HEARING

                                                    SUPREME COURT OF INDIA
                                                               Advance Cause List
                                                              ( For 04th, April, 2013 )


29. SLP(C)No.23422/2011     UNION OF INDIA     &   ORS.      MR. SHREEKANT N. TERDAL 

XII A/N-H                              Vs. DEEPAK SEN & ORS.              MR. VIKAS MEHTA 

119, 0, 0 S.( 610)                   (WITH APPLN.(S) FOR PERMISSION TO 
 2ND LISTING                     PLACE ADDL. DOCUMENTS ON RECORD 
                                               AND C/DELAY IN FILING PROCESS FEE 
                                               AND WITH PRAYER FOR INTERIM 
                                                RELIEF AND OFFICE REPORT) 
                                                (FOR FINAL DISPOSAL) 
  [NMD CASE]

Dr. AK Handa wrote

Dear Sirs,

• Recently the Chandigarh bench of AFT heard a bunch of contempt petitions, May 21- 23 2012, being designated by the honourable court for this purpose.
• DACP case too came up for hearing.
• In the affidavit filed by one of the respondents to the contempt proceedings, a prayer was made to the honourable court to grant another six months as the file had come back from Department of Personnel & Training (DoPT) in April 2012 (after being there for almost two months) with some observations, which needed to be discussed & sorted out at Ministry of Defence (MoD).
• The honourable judge however was of the opinion that this was not the stage for sorting out the observations for which adequate time had already been given, but for implementation of its judgement. He rightly observed that besides the three months time limit given by the court in its judgement dated 18 Jul 2011 for implementation of the DACP for the armed forces doctors (Aug 2011 to Nov 2011),another additional approximately six months had elapsed since then (Nov 2011 to May 2012) without DACP seeing the light of the day. He also observed that once a contempt notice has been filed, these prayers are infructuous. Besides, as alluded to in the contempt prayer dated 18 Mar 2012, by the respondents own admission, they had agreed to implement the DACP scheme for uniformed doctors by 31 Dec 2011, which too had not been honoured. 
• Hence the court refused to accept the plea for an additional six months time.
• Hence the contempt petition has not been disposed off, with the honourable court giving a fresh date of 9 Aug 2012 for the respondents to inform the court about the progress with regards to  implementation of DACP scheme.
• The Chandigarh bench of AFT would be on summer vacation in the month of June 2012.
• It needs to be seen what fresh prayers would be put up to the court on 9 Aug 2012..!  
• Keeping fingers firmly crossed & thought of sharing the same with all of you.  

Warm Regards,

AKH

REJOINDER BY DAE SUBMITTED

Dear friends ..finally DAE has submitted a Rejoinder on 6th Feb,2012. I will send copies to all Doctors or I will post it on this website for your comments if it is a small note but I hear that its 50 to 60 pages where in they have repeated the same old story except a new twist now ..they say that the "cabinet decision  regrding DACP" is only a news report. If it is only a news report then my question is why has it been implemented by Health Ministry, Defence Ministry, Railway Ministry, Home Ministry and other Deprtments. Does the Govt. implement policies based on news reports or it is after Cabinet approval.
The following is the letter recieved from our lawer.

Gopal Sankaranarayanan gsanks@gmail.com


Dear Dr.Sen,
Dr Alex has picked up a copy of the Rejoinder this morning. You can peruse it and send me your comments. The listing of the case on 9th was for the hearing by the Registrar. There still has to be an official order from the Registrar listing it before the Court for the final hearing. Hence, the hearing on the 9th will only be a formality before the Registrar.
Regards,
Gopal.

Latest Updates and Correspondence

News update from BARC & GSO

Department has submitted financial implications and calculation of the
money on implementation of DACP and submitted in the Supreme Court
last week.


Sir,
Department has submitted financial implications and calculation of the
money on implementation of DACP and submitted in the Supreme Court
last week


AEDAK Doctors


Supreme Court Lawers Response

From: Gopal Sankaranarayanan

To: aedak doctors

Sent: Monday, January 02, 2012 8:39 PM

Subject: Re: Regarding counteraffidavit from DAE

Dear Sir,

The SLP has been filed by the Union of India. The counter has been filed by us. Now it is for the DAE to file a Rejoinder to the SLP, which has not been done. We have not been served any fresh documents in the case after our Counter was filed.

Kindly confirm from the source of your information and revert.

Warm regards,

Gopal Sankaranarayanan.  

DACP case posted in Supreme Court

The Dept. of Atomic Energy did not implement the Dynamic Assured career progression for fhe Medical Doctors employed in  Atomic Energy Hospitals and a contempt of Court case was filed by the Doctors against the Govt.

The Govt. filed a Special Leave Petition (civil) in the Supreme Court of India and the case is posted for hearing on 5th Auguest, 2011

Career boost scheme for military doctors: DACP

Hindustan Times
Chandigarh, July 25, 2011

In a significant move the Chandigarh bench of the Armed Forces Tribunal on Monday, reprimanded the central government and  directed it to issue instructions for implementation of Dynamic Assured Career Progression (DACP) scheme for military doctors of the Army Medical Corps (AMC) within three months. The Tribunal has passed these directions on a petition filed by a senior AMC officer of Command Hospital. The move is bound to bring cheer to thousands across the country.

On the recommendations of the 6th Pay Commission, the government had directed the implementation of DACP for all doctors under every ministry of the central government including those holding isolated posts. The said scheme involves four time  bound grade pay progressions till 20 years of service. While the first three grade pay progressions in AMC are similar to  other services, the non-grant of fourth progression of Rs 10000 grade pay on 20 years of service affected AMC officers. The scheme which was accepted by the cabinet was till now not implemented for AMC since the Principal Personnel Officers Committee (PPOC) comprising military officers had not given their nod to the issuance of implementation instructions stating that the Defence Ministry should first remove anomalies related to non-medical officers before implementing the  scheme. The PPOC had also opined that grant of higher grade pay to AMC officers would create internal seniority problems between AMC and non-AMC officers.

The Petition had however pointed out that according to the government’s gazette notification, higher grade pay did not affect seniority between different cadres. The Defence Ministry had also observed on file that the PPOC could not have overridden what was already approved and notified by the cabinet and the government. It was also observed by the Ministry that the contention of seniority problems due to higher pay was misconceived since doctors always traditionally enjoyed an edge in pay. The govt had however submitted before the Tribunal that they were examining the issue holistically before  implementing the scheme. It also came on record that the  Govt, the Director General Armed Forces Medical Services, the Navy and the Air Force had separately favoured the implementation of DACP.

While issuing directions in the matter, the AFT has observed that delay in the implementation of DACP had been detrimental to the interests of AMC since it had come into force in 2008 in all other departments

Interestingly, similar reservations regarding inter-se seniority were expressed by para-military organisations also before implementing DACP for uniformed paramilitary doctors but the scheme was finally implemented for all paramilitary doctors  when the Home Ministry intervened and asked paramilitary forces to strictly enforce DACP for all doctors.

Army doctors approach AFT for career scheme

Whether Army doctors are eligible for Dynamic Assured Career Progresssion (DACP) scheme will now be settled by the Armed Forces Tribunal (AFT).


On a petition filed by five Army doctors for the implementation of DACP in Army Medical Corps (AMC) cadre of doctors, the Chandigarh Bench of AFT has issued notice to Ministry of Defence, Director General of Armed Forces Medical Services and Principal Personnel Officers’ Committee for April 8.


The question involved is whether the Ministry of Defence is right in seeking the nod of the Principal Personnel Officers’ Committee (PPOC), a non-statutory body, comprising the heads of the personnel branches of the armed forces, before issuance of implementation instructions of a scheme already accepted and approved by the Union Cabinet. 


The 6th Central Pay Commission (CPC) had recommended DACP should be implemented in all organised and un-organised medical services under the government, which implied four time-bound movements and progressions into higher grade pays till 20 years of service. While the movement into the first three grade pays of the pay hierarchy was already time-bound in the AMC, the point that affected these doctors particularly was limited to the fourth pay progression — that is all members of medical and dental services to move to Rs 10,000 Grade Pay (known as the Senior Administrative Grade Pay).  

Supreme Court refuses to admit SLP against Lower Court

The Honourable Supreme Court of  India has rejected the SLP moved by DAE against the lower court verdict to upgrade the pay scale from Rs.5500 - 9000  to  6500 - 10,500 . Details of the verdict are awaited. It is a land mark decision of the Honourable Supreme Court and shows that law of the land applies to all employees equally.
Congratulations to all the employees who rightfully reperesnted the matter to  CAT.
Honourable Supreme Court of  India is like King Solomon.
Jai Hind

CENTRAL ADMINSTRATIVE TRIBUNAL MADRAS BENCH... DACP order

CENTRAL ADMINSTRATIVE TRIBUNAL

MADRAS BENCH : CHENNAI ORIGINAL APPLICATION NO. 1177 / 2009

                                                  Friday, this the 23rd day of April, 2010
                                       Present: Hon'ble Shri K. Elango.     Member    (J)
                                                    Hon'ble Shri R. Satapathy. Memeber (A)


  

MADRAS HIGH COURT ORDER ON DYNAMIC ASSURED CAREER PROGRESSION

Madras High Court approves DACP for Medical Doctors

DAE doctors  filed a case in the Central Administrative Tribunal (CAT) at Madras for implementation of  DACP. CAT had ordered implementaion of DACP within two months.DAE filed an appeal in the Madras High Court against the CAT order. The Madras High court has given its judgment on 11th January, 2011 by vacating the stay  and ordered implementation of DACP within eight  weeks for DAE Doctors.

Denied Assured Career Progression (DACP) for doctors across country in various central government jobs.

It is Denied Assured Career Progression instead of Dynamic Assured Career Progression for a few sections of doctors in various central government organizations. The 5^th pay commission had first recommended DACP i.e. Dynamic Assured Career Progression for all central government doctors ,who had always been at the receiving end of service due to their long duration of study and the late entry into service consequently short service period and majority never receiving full pension. DACP was accepted in toto by many departments and ministries as the Ministry of Health and Family welfare, Ordnance factories later on Railways, Police forces, Paramilitary services, ESI, Indian Institute of Sciences etc. It is also implemented for all Ayurvedic, Siddha and Homeo doctors and some states as Tamilnadu, Bihar, Uttarakhand, Rajasthan, Kerala and Punjab .It was also given for civilian doctors in army after court interference. Dynamic Assured career Progression ensures assured uniform career progression among  different cadres of Medical personnel depending upon their qualification i.e. graduate or post graduate  and years of service, whose basic nature  of  work remains the same irrespective of the place or institute.Subscequently the 6^th CPC recognizing the left out medical personnel in isolated posts and departments  extended the DACP scheme to all central government doctors in  all central government Ministries and department without any exemption .This was approved by the cabinet and gazette notification issued after concurrence with the ministry of finance  an OM was issued by the Ministry of Health and Family welfare regarding implementation of DACP in isolated posts and also another OM regarding initial implementation in departments where it is not in place.Inspite of all these many doctors languish in isolated posts across the country due lack of awareness among doctors, minority in organization and reluctance on many a departments as Department of Space, Department of Atomic Energy ,BHEL etc  to implement the pay commission, cabinet approval and the GO for their doctors. Some doctors in these organizations have also filled writ petition in courts but many of these departments are fighting the case, inspite of clear-cut orders, because they are never fall short of resources, manpower or time but will there be a wakeup call to the Union government which cannot make its own departments uniformly follow government orders and accepted pay commission recommendations implying a Government within a Government. Until then these isolated doctors who do not make political, social, or financial impact it is Denied Assured career progression.

Order Pronounced by Hon'ble Shri R. Satapathy

This is an application  under section 19 of the Adminstrative Tribunals Act,1985. The applicants 15 in number have filed this OA seeking a direction to implement the approved 6th Pay Commission recomendations under the DACP Scheme.

2. Mrs. Vedavalli Kumar has appeared for the applicants and Shri K. M. Venugopal has appeared for the respondents 3 to 5.

3. It is submitted by the applicants that 5th

CAT Gives a PASS to our petition. Congratulations

The Central Adminstrative Tribunal Madras Bench HON'BLE SHRI R. SATAPATHY PRONOUNCED  orders on the petition regarding Implementation of DACP for Doctors of DAE . The court has catagorically ordered implementation of DACP for Doctors within two months of the order issued on 23rd April, 2010.Please log on to  http://judis.nic.in/dist_judis/CaseNo_Cat_Qry_Chennai.asp  and type my case no OA No. 1177/2009  or date of judgement 23/04/2010 and download the orders. The order is not yet available on the net. I will post the orders the moment  I get a hard copy.

I am gratefull to all the Doctors who have supported me morally and financially. You need to file a case in CAT in your your state bench with a copy of this order. The cost of filing a case in your respective CAT is
Rs.50/00 only.The judge will pass the orders in your case and then send the same judgement to your respective  hospitals and ask for implementation.

Next Hearing on 29th March

At last DAE adminstrative officer submitted a reply on to the CAT petition that we had filed on 18th March,2010

The next hearing is on 29th MARCH 2010. The following is a copy of the notification for next hearing


           CENTRAL ADMINISTRATIVE TRIBUNAL, MADRAS BENCH
TO BE HEARD ON MONDAY THE 29TH DAY OF MARCH 2010 AT 10.30 A.M.
          ------------------------------------------------------------------
                                                    BEFORE
          HON BLE SHRI K.ELANGO - JUDICIAL MEMBER
                                                    AND
 HON BLE SHRI R.SATAPATHY - ADMINISTRATIVE MEMBER
                          ( SITTING IN COURT HALL NO. 1 )
                                                  ~~~~~~~~~~~~~~~~~~~~~~~~~~
TO BE PRONOUNCED BY HON'BLE SHRI R. SATAPATHI .... MEMBER (ADMN)
 
37. OA.1177/2009   DR.DEEPAK SEN & 14 ORS    MRS.VEDAVALLI KUMAR

(Scale of Pay) ..VS... -   SECY.,M/O H&FW,            MR.K.M.VENUGOPAL
                                                         ND & 4 ORS

I have discussed the DAE response with our Doctors from various states and given  a consolidated opinion to our lawyer.
In brief we have told the lawer not to waste Courts time on the answers given by AO III  on unrelated topics raised by the Department as  the response did not pertain to our petition.
 We have asked for implementaion of DACP as recomended by the 6CPC following which a cabinet approval was given and  OM issued by DH&FW . The govt issued seperate orders for CHS Doctors and Central Govt Doctors. I have also added a RTI response from ministry of health which has categorically stated that DACP has to be implimaented by all Ministries and Departments for all Doctors in Organised and isolated posts. It also has stated that Doctors of DAE Hospital , Kalppakm are eligible for DACP.
 
The diversonory tactics of the Department like housing , school, transport  though the lawer has been equipped with documentry evidence counteracting departments claim we have requested lawyer not to rais ethe issues and only respond if the opposition lawyer insists on dicussing this issues.

Next hearing on 18th March,2010

I went to Central Adminstrative Tribunal court , Madras High Court along with Dr. Karthik Rajendran on 10th March,2010 . This time the case was posted under Judge. Satapathy . The DAE lawyer pleaded for  another one months time to respond to our case .Our lawer opposed it and the judge did not agree to one months postponement but gave onother weeks time to the DAE lawyer. So the case is posted on 18th March 2010. Our lawyer Mrs. Vedavalli kumar has asked me to meet her on 17th march as it is expected that DAE will give a written reply by 17th march and we will prepare the response on the same day and present it to CAT on 18th March .I also gave a copy of the orders of Dept. Of Science and Technology to our lawyer which DAE is igoing to produce in court as defence of there argument , I have pointed the specific para wherein  it says that this order is for scientist/ technologists and not for others. Friends there is hope , so far I have not found a single Govt. order recomending Flexible Complimenting Scheme (FCS)  the so called Merit Promotion Schehme of DAE for Doctors. All orders for FCS is for Scientists and Technologists. Our fight is to remove the label of scientist given to us by the department we are doctors and want to be known as doctors. We want our self respect back. Jai hind.

Retirement age of specialist Doctors 62, Dr. Rathore's court case

Dr.Rathore.H.S. from RAPS has been fighting alone and winning the case for implementation of retirement age of 62. NPCL has  got a stay order in this case which I am sure will be vacated soon as the high courts are already convinced about Dr. Rathores stand. Our best wishes are with you Dr. Rathore don't give up , show the authorities that the law shall prevail.

Govt. Pleader absent.

We went to the Madras high court, Central Administrative Tribunal (CAT) registrar office along with our lawyer on 3rd February . The CAT registrar informed us that the Govt. pleader hasn't submitted his rejoinder so far. and put up the next hearing to 17th February.We will see what the Govt. pleader does on the next hearing date.by BONEHEALER

Trombay Council Meet

DAE bosses had a meeting regarding implementation of DACP and a little bird informedme that they have not agreed to our plea and are prepairing a reply stating that DAE has different norms from other central govt. organisations.

To Know about Central Adminstrative Tribunal

Friends please log on to the following site to know about CAT
http://cgat.gov.in/intro.htm

Please log on to CAT for details

Friends you are requested to log on to the following site for CAT notification of our case
http://judis.nic.in/causelists/CL_retrieve_cat_chennai.asp

Filing case in Central Adminstrtive Tribunal, Chennai

Our lawer couldn't register the case in Madras High court as the registrar of madras high court has advised us to file the case in CAT. We have the petition ready and I have signed it and other members are signing it will take some time as every appealent has to sign 76 times and one of our doctor is on study leave and we have to send the file to him by speed post and after he signs we will be able to post it. Please send your suggestions and advice regarding this case.

DAE Doctors CAT case

On 3  January the first hearing of DAE Doctors case in Central Adminstrative Tribunal was held at Chennai High Court premises. The lawer defending the doctors was present to defend the case. The Govt.  lawer from Atomic energy   was also present but he did not file any waqalatnama in response to the plea of DAE Doctors. The next hearing is on 3rd feb. 2010. The Atomic Energy Lawer has to file Govt. response before that. Keep watching this updates and do write to me at AEDAK.

Notification In Chennai CAT

You can follow this case by googling tocentral administrative tribunal madras bench

DACP

The case file of DAE Doctors have been posted to the appropriate authorities asking the Govt. to respond by 7 January 2010