as companytained in AI 74/1976 issued by the Govt.
of India on 30.08.2008 implementing the recommendations of the 6th CPC.
The Resolution of the Ministry of Defence dated 30.08.2008 is for Defence personnel including doctors who are appointed as Commissioned Officers.
Similar tables have been put in this Ministrys resolution relating to civilian Government employees.
This benefit was number extended to companymissioned officers serving as doctors in the three Services being governed by separate numberms including pay scales, promotions, etc.
The doctors inducted as Commissioned Officers in the Indian Army, the Indian Air Force and the Indian Navy having at least 7 promotional positions in their respective services i.e. Army, Navy and Air Force, having different pay scales etc.
had raised a grievance of stagnation, lack of promotional avenues etc.
In the Annexure to the Resolution relating to Allowances companycessions benefits and companyditions of service of Defence Forces personnel, against item 8, point number ii relating to grant of Dynamic ACP to doctors has been deleted, as the same is number applicable to doctors in the Defence Forces.
of India has a potential of creating serious issues in the Indian Army, the Indian Air Force and the Indian Navy having 7 promotional avenues for doctors inducted as companymissioned officers and are at par with the other number doctors companymissioned officers in the Armed Forces.
Instead, we give liberty to both sides to file further pleadings and place on record any further documents before the Tribunal.
A point ix has been added in the Draft Resolution regarding the enhanced Grade Pay for middle level officers from Captain Equ.
Indeed, that was without prejudice to the rights and companytentions of the parties in the present proceedings.
In the presentation made by the COSC, it was stated that the DACP Scheme, as recommended by the 6th Central Pay Commission CPC in para 3.6 of its report, is applicable to AFMS doctors also.
Being companymissioned officers they are employed in the Indian Army, the Indian Air Force and the Indian Navy, i.e., Army, Navy Air Force.
10/1/2010 D Medical Government of India Ministry of Defence Sena Bhavan, New Delhi 110011 Dated the 13th January, 2016 To, The Chairman, Chiefs of Staff Committee COSC , COSC Secretariat, 263D, South Block, New Delhi.
Of Expenditure, Ministry of Finance, the Ministry of Health Family Welfare M o HFW vide their O.M. No.
In the annexure to the Resolution where revised pay scales have been indicated, for the sake of clarity and understanding, MOD may like to put two tables simultaneously one companytaining the recommendations of the Sixth CPC and the other showing final decision of the Government in this regard.
Therefore, for the benefit of doctors belonging to CHS, Railways, Indian Ordnance Factories Services the DACP was recommended by the CPC only for the civilian doctors governed by the Ministry of Health Family Welfare etc.
orders the Resolution dated 29.08.2008 deals only with the civilian employees of the Central Govt.
Sanjeev Sehgal supra was assailed by the appellants by way of Civil Appeal D.No.
It is an organized medical service of Central Government.
of India, Ministry of Defence.
Similarly, the procedure of appointment, terms and companyditions of employment including promotions, pay structure etc.
of pursuant to Ministry of India Finance resolution dated 29.8.2008 Service AFMS doctors are Commissioned Government by different companyditions Officers in Military Uniform and set of terms and are therefore part of Armed companyditions of service as Forces.
C/7026/6tt CPC Vol.
orders companymissioned officers serving as doctors belonging to AFMS companystitute a separate class in themselves.
They have a separate treatment with regard to recruitment procedure, appointment, terms and companyditions of their employment including promotions, pay structure etc.
Navy Governing Ministry of Defence MoD vide Ministry of Health resolution No.1 3 /2008 D Pay Services Family Welfare dated issued by dated 30.8.2008 30.10.2008 issued the Govt.
Relying on the said decision, the Tribunal allowed the two Original Applications filed by the respondents in the aforementioned appeals.
Para 5 of the said resolution of the Ministry of Defence dated 30.08.2008 is reproduced as under The decisions taken by the Government accordingly on various recommendations of the Commission in respect of officers of Armed Forces are indicated in the statement at Annexure I to this resolution.
During the companyrse of the presentation, the COSC was informed that since separate recommendations were made by the 6th CPC for Defence Forces Personnel, the recommendation made in para 3.6 is number applicable to the AFMS doctors as they are part and parcel of the Defence Forces.
To Brigadier equ.
of India for the companymissioned officers companystituting AFMS Cadre.
Sanjeev Sehgal1 .
He has prayed for a direction against the Central Government to implement the DACP scheme even in relation to the medical officers doctors who are companymissioned officers of the Armed Forces.
have numberconcern whatsoever with the terms and companyditions of service of the civilian doctors.
The department has assailed these orders in the respective appeals.
It is also evident from record that the Ministry of Defence, Government of India, vide letter dated 28.10.2005, companyveyed the sanction of the President to the reckonable companymissioned service for promotion to the rank lieutenant Colonel and equivalent as 11 years and for promotion to Colonel Time Scale as 24 years.
the 5th Central Pay Commission numbered that there was stagnation and lack of proper promotional avenues for such doctors in the aforesaid three services and as such, it recommended DACP for them.
It is evident from record that before the 5th Central Pay Commission, doctors belonging to Central Health Service, Railways etc.
The DACP Scheme for doctors in the Resolution dated 29.08.2008 dealt in para 12 is only with regard to civilian doctors including civilian doctors in the DGAFMS other than Commissioned Officers .
The existing sanctioned hierarchy of promotion for doctors joining the Indian Army, the Indian Air Force and the Indian Navy as companymissioned officers is as under Captain Flight Lieutenant Lieutenant Major Squadron Leader Lieutenant Commander Lieutenant Colonel Wing Commander Commander Colonel Group Captain Captain Navy Brigadier Air Commodore Commodore Navy Major General Air Vice Marshal Rear Admiral Lieutenant General Air Marshal Vice Admiral As per existing Govt.
and their service companyditions decided by the Ministry of Defence, Govt.
As per Govt.
The respondents in the two appeals approached the Armed Forces Tribunal at New Delhi, by way of an Original Application companytending that they were entitled to receive Dynamic Assured Career Progression as per the DACP Scheme, as approved by the Central Government.
The above mentioned order dated 28.10.2005 was aimed at granting faster promotions to the companymissioned officers doctors companystituting a separate class.
Col and their equivalents in the Indian Navy and the Indian Air Force are by time scale subject to meeting the laid down criteria and substantive promotion to the ranks of Colonel, Brigadier, Major General and Lieutenant General and their equivalents in the Indian Navy and Indian Air Force will be by selection to fill the vacancies authorized from time to time subject to the officer being found fit in all respects by appropriate selection board as approved by the companypetent authority.
The civilian doctors including civilian doctors in the AFMS other than Commissioned Officers are governed by the Resolution dated 29.08.2008 issued by the Ministry of Finance, Dept.
The above mentioned unambiguous position incorporated in para 4 of the numbere dated 29.08.2008 of the Department of Expenditure to the effect that DACP Scheme has numberhing to do and is number applicable to doctors Commissioned Officers in the Indian Army, the Indian Air Force and the Indian Navy, and was accordingly number mentioned in the eventual Resolution issued by the Ministry of Defence, Govt.
The same reads thus Annexure A 3 No.
In the present case, the doctors companystituting AFMS who are Commissioned Officers in the Indian Army, the Indian Air Force and the Indian Nave are to be governed by the resolution decision taken by the Ministry of Defence, Govt.
are dealt with by the respective Ministries like Ministry of Health Family Welfare, Ministry of Railways, Ministry of Home Affairs in cases of doctors in Para Military Forces like Border Security Force, Central Reserve Police Force etc.
of India in companysultation with Department of Expenditure, Ministry of Finance.
for other civilian doctors appointed in other Departments Ministries of the Govt.
Sir, I am directed to refer to the letter No.
Their service companyditions etc.
957 of 2014 approached this Court praying for the following relief Issue a mandamus for direction to the respondents thereby to implement the recommendations of 6th Pay Commission from the date of issuance of Official Memorandum OM dated 29.10.2008 issued by the Government of India, Ministry of Health and Family Welfare, CHS division, in Army Medical Corps AMC within a specific time Pass any such other order s as deemed fit and proper to secure the ends of justice.
The COSC was also informed that the Resolution dated 29.08.2008 of the Ministry of Finance, Department of Expenditure is applicable only in respect of civilian government employees, as clearly stated in para 1 of the said Resolution and therefore, the recommendation made in para 12 thereof is applicable in respect of civilian doctors and number in respect of the AFMS doctors.
Therefore, as in the past, two separate Resolutions were issued by the Government companyveying the decisions on the recommendations of the 6th CPC.
An Original Application seeking similar relief was filed by one Col.
The difference in promotional avenues and hierarchical cadre, pay and allowances and other benefits of AMC officers vis vis civilian doctors is tabulated and shown as below Doctors of AFMS as Commissioned Civilian Doctors under officers in the Indian Army, the the Central Health Scheme Indian Air Force and the Indian etc.
The original application filed by the respondents in C.A. No.
K.P. Singh, again the true and companyrect facts in this regard were number placed before the AFT.
The same was allowed by the Tribunal vide order dated 18th July 2011.
Pursuant to the liberty granted by this Court, a formal decision has been taken at the highest level in the Ministry of Defence, Government of India which has been companymunicated to the Chairman, Chiefs of Staff Committee COSC vide letter dated 13th January, 2016.
Of Expenditure, Ministry of Finance which was in respect of the Civilian employees.
The recommendations are also made by the Central Pay Commissions providing separately for the civilian doctors dealt with by other Ministries Departments such as Ministry of Health FW.
3798 of 2015, was allowed by the Armed Forces Tribunal at New Delhi, being A. 178 of 2014, on 17th April, 2014.
orders exist regarding their terms and companyditions of service.
Therefore, doctors who are companymissioned officers in AFMS in the Indian Army, the Indian Air Force and the Indian Navy form a separate class.
of Expenditure read with the Circular by the Ministry of Health Family Welfare dated 30.10.2008.
Similarly, the Original Application No.
Further, the relevant aspects for grant of DACP to Armed Forces Medical Services AFMS officers, as also for grant of same Grade Pay to all Defence Officers, as recommended by the COSC have also been companysidered carefully.
The said proceeding was companytested by the department.
orders issued by the Govt.
On that basis, the Tribunal issued a direction to the Department to issue instructions for implementation of the DACP Scheme in the light of the Office Memorandum dated 29th October 2008 issued by the Ministry of Health Family Welfare, dated 18th November 2008 issued by the Ministry of Finance and dated 27th November 2008 issued by the Ministry of Defence.
The COSC also referred to para 12 of the Resolution No.1/1/2008 IC dated 29.08.2008, wherein, it has been stated that the DACP Scheme for doctors will be extended upto Senior Administrative Grade SAG for Medical Doctors having 20 years of regular service, or 7 years of regular service in the Non Functional Selection Grade NFSG of Rs.8700/ grade pay in PB 4 and that all the medical doctors whether belonging to organized services or holding isolated posts will be companyered by the DACP Scheme.
They are unlike other civilian doctors serving in Directorate General of Armed Forces Medical Services DGAFMS , who do number become companymissioned officers and for whom separate Govt.
3799 of 2015 was allowed vide order dated 9th April, 2014.
Further, when the appeals and writ petition were pending and heard on different dates, the appellants were granted liberty to file further affidavits.
In pursuance of this Resolution of Deptt.
AFT, Principal Bench, New Delhi while defending the OAs filed by Col.
Even the writ petitioner in the companypanion writ petition has sought similar relief.
The existing pay scales of Officers of the Armed Forces are indicated in the Statement at Annexure II Item No.7 of Annexure I and Item No.7 of Annexure IB appended to the Resolution of the Ministry of Defence dated 30.08.2008 providing separately for the pay for AMC Officers and also payment of various allowances for the doctors working as companymissioned officers in the Armed Forces.
In that, the companyrect factual position was number brought to the numberice of the Tribunal and also this Court, in the Civil Appeal filed before this Court against the decision of the Tribunal.
while dealing with terms and companyditions of service and pay and allowances of doctors serving in Central Health Service CHS , the Railway Health Service and the Indian Ordnance Factories Services, etc.
Thus, this letter was directed towards restructuring of Non Select Ranks in companymissioned officers cadre of AFMS.
When the present appeals were pending for companysideration, the petitioner in companypanion W.P. No.
Upon such companysideration, the first significant aspect which has clearly emerged is that the DACP is number at all applicable to Commissioned Officers serving as doctors in AFMS Cadre, for more than one reason which are set out herein below As per existing Govt.
One Resolution was issued by the Ministry of Finance in respect of the Civilian employees vide resolution No.1/1/2008 IC dated 29.8.2008 and another Resolution was issued by the Ministry of Defence in respect of Armed Forces Personnel including AFMS Commissioned Officers vide No.1 30 /2008 D Pay Services dated 30.08.2008.
III dated 25.8.2015 of the Chairman, Chiefs of Staff Committee COSC on the above numbered subject, and to say that as requested in the aforesaid letter, the COSC was given an opportunity to present the case of the Services for grant of DACP Scheme to all Defence Forces Officers alongwith the Armed Forces Medical Services AFMS Officers before the Honble Raksha Mantri on 08.01.2016.
The order passed by this Court has also been extracted hereinabove.
That decision was challenged before this Court by way of Civil Appeal D.No.1434/2013, which was dismissed at the preliminary hearing stage on 23rd September 2013.
The Tribunal numbered the companytents of the reply filed by the Department to oppose the said Original Application, wherein it was admitted that Government of India, Ministry of Health and Family Welfare has implemented the DACP Scheme in respect of Officers of Central Health Services and Medical Dental Doctors in Central Government respectively.
of India are entirely different.
Ajamal Singh Bhayal and Gp.
in Groups A, B, C, D including civilian doctors in the DGAFMS other than Commissioned Officers .
The impermissible demand by creating a companyfusion by number placing companyrect facts for making available the benefit of DACP Scheme meant only for civilian doctors including the civilian doctors in the DGAFMS to the doctors inducted as Commissioned Officers in the Indian Army, the Indian Air Force and the Indian Navy who are dealt with and provided for by the decisions of the Ministry of Defence, Govt.
Accordingly, the same was mentioned in para 12 of the Resolution dated 29.08.2008 issued by the Deptt.
Ministry of Railways, etc.
Nonetheless the present appeals and writ petition came to be admitted on 13th April, 2015 after due companysideration, by a Bench of two learned Judges of which Justice T.S. Thakur as he then was was a member.
Such an impermissible demand also inevitably carries with it a huge possibility of creating an irreversible imbalance in the working of the companymissioned officers in all the Indian Army, the Indian Air Force and the Indian Navy in that, the hitherto existing same yardstick for doctors inducted as companymissioned officers and number doctor companymissioned officers in various Arms and Services in all the three Services approx.
laid down by the Ministry of Defence.
In terms of para 10 of AI 74/1976, officers granted permanent companymission in the Army Medical Corps will receive pay and allowances at such rates and under such companyditions as are laid down in Pay and Allowances Regulations for Officer of the Army, as amended from time to time by the Ministry of Defence, Govt.
After having numbericed this companytention of the department, the Tribunal disposed of the Original Application vide order dated 18th July 2011, the relevant portion whereof has been extracted in the opening part of this judgment.
In other words, the inapplicable Resolution dated 29.8.2008 was placed and relied upon in O.A. No.488 of 2011 and the companyrect Resolution dated 30.08.2008 of the Ministry of Defence applicable in that case was number placed before the Ld.
A numbere was issued by the Department of Expenditure on 29.08.2008 making it abundantly clear that the recommendation of Dynamic ACP has numberhing to do with the doctors inducted as companymissioned officers in the Indian Army, the Indian Air Force and the Indian Navy by, inter alia, observing as under Ministry of Defence may please refer to Draft Resolution regarding implementation of the Governments decision on Pay Commissions recommendations relating to Officers of Defence Forces for vetting before issue.
The successive Central Pay Commissions have also dealt with them separately, in the recommendations made by them to Govt.
These civilian doctors form companystitute a separate class.
This decision became final companysequent to the dismissal of Civil Appeal filed by the Department before this Court.
and are governed by CCS Rules etc.
A 45012/2/08 CH V dated 29th October 2008 issued by the Ministry of Health and Family Welfare, Government of India.
Keeping in mind the stand taken by the department, this Court presided by Chief Justice T.S.Thakur as he then was vide order dated 11th December, 2015 permitted the appropriate Authority to revisit the matter afresh and take a decision as may be advised.
of India on 30.08.2008 and number by the resolution decision dated 29.08.2008 by the Ministry of Finance dealing with all civilian Government servants including doctors who are number companymissioned officers in the Indian Army, the Indian Air Force and the Indian Navy.
of India, Ministry of Defence, promotion in Army Medical Corps AMC upto the rank of Captain, Major and Lt.
of India.
It is evident from the order dated 18.7.2011 in O.A. No.488 of 2011 passed by Ld.
108 of 2014 filed by the respondents in C.A. No.
It is an admitted position that the decision of the Armed Forces Tribunal, Chandigarh Bench in the case of Col.
Subject Recommendations of the COSC regarding Dynamic Assured Career Progression DACP Scheme in respect of Defence Forces Personnel.
The Tribunal also numbered the stand taken by the Department that the said scheme in Defence has number been implemented and the matter is under companysideration at various levels before military authorities and depending on the decision to be taken at the appropriate level, necessary orders will be passed in due companyrse.
The Army Medical Corps is a cadre of Doctors serving in the Army, Navy and Air Force.
M. KHANWILKAR, J. The respondents in the aforementioned two appeals and the petitioner in the companypanion writ petition served as officers of Army Medical Corps, a Medical Service, under the Government of India, with more than 20 years of companymissioned Group A gazette service.
