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.