UNION OF INDIA Vs. DR DEEPAK SEN

JUDGEMENT

(1.) CHALLENGING the order dated 23.4.2010 passed by the Central Administrative Tribunal [for short, "CAT"] in O.A. No. 1177 of 2009, the Union of India has filed the present writ petition.

(2.) THE brief facts as seen from the file are as follows: THE applicants are employed as Doctors in the Hospital attached to the Department of Atomic Energy. It is stated that at the time of their appointment, their salary was in line with other Central Government Doctors. It is the case of the applicants that in the appointment orders, it was stated that in addition to pay mentioned in the pay scale, they will be entitled to such allowances as may be admissible under the Central Government Rules to officers of their status sanctioned at the place of duty. It is stated that there are three promotion and they are (i) Dynamic Assured Career Progressive (DACP) for Medical Doctors; (ii) Modified Flexible Complementing Scheme (FCS) also called Merit Promotion Scheme for R & D Group A personnel; and (iii) Modified Assured Career progression (MACP) for group A other personnel. 2.1 THE DAS Hospital, Kalpakkam, is a unit of General Services Organisation of DAS as per official organization chart and it is a hundred bedded hospital consisting of Medical, Skin, General Surgery, Ortho, ENT, Eye, Pediatrics, Gynecology, Dental and Radiology Departments and the doctors have round the clock duty for all emergency cases split duty for Out-Patients. 2.2 It is the further case of the applicants that the 5th Central Pay Commission has stated GSO is a service organization and has discussed in chapter 92, "Department of Atomic Energy", para 92.2 under the heading "Organization set-up". It looks after construction, estates management, transport and maintenance and various general services at Kalpakkam. THE 5th Central Pay Commission has recognized medical doctors of Kalpakkam as outside organised services. It has discussed about the "Assured Career Program Scheme" in para 92.13 of chapter 92 and also considered the scientific services in para 52.22 of Chapter 51 under the heading "Modified Flexible Complementing". In Para 52.15 of Chapter 52 of the report, under the heading, "Medical and Paramedical Services", it has recommended a Dynamic Assured Career Progression (DACP) Scheme for the medical officers employed in the Organized Health Services like Central Health Service, Indian Railway Medical Service and Indian Ordinance Factory Health Services and it was considered by the Ministry of Health and Family welfare in consultation with other Ministries. Subsequently, with the approval of the Committee of Secretaries and Ministry of Finance, orders for DACP for Medical Officers had been issued proceedings dated 05.4.2002. THE grievance of the applicants was that though they were appointed as Scientist in Medical Service, they have discharging their duties as Medical officers and that though the said Scheme was reiterated in the 6th Central Pay Commission, the same was not extended to them. Hence, they approached the Tribunal with the Original Application. 2.3 After receipt of notice, the Department of Atomic Energy filed its reply objecting the grant of the DACP Scheme on the ground that the Medical officers of the Department of Atomic Energy are treated on par with Scientist for all purposes like Recruitment, Promotion, Grant of Incentives, etc. It is stated that the promotion Scheme for Medical Officers has been in vogue in Department for more than five decades and the same is applicable to the Medical officers of General Services Organization also from the date of its inception. According to the Department, the Medical officers who join at the entry grade of Scientific Officers/C(M) - Pay Bank (15600 " 39100) + Grade Pay Rs. 5400 can reach up to the level of Distinguished Scientists with Pay Band (75500 " 80000) which is above the level of Additional Secretary in Government of India. It is state that the Medical Officers have been treated as Scientific Officers to give them parity at the highest level of employees in Department of Atomic Energy and that since a better scheme which provide for career progressive which is based on merit as the sole criteria is already in existence in the Department, DACP has not been implemented in Department of Atomic Energy. It is stated that Hospital / Contributory Health Service Scheme dispensary are situated in the DAE township and the Doctors of General Services Organization, Department of Atomic Energy are getting the following additional benefits.

(3.) DEPARTMENT of Atomic Energy maintains its own transport facility with departmental and outsourced buses and the doctors are entitled to departmental transport facilities.