(1.) THE writ jurisdiction of this Court has been invoked to set aside the judgment and order dated 26.7.2010 passed by the learned Central Administrative Tribunal, Jodhpur Bench, Jodhpur (for short, hereinafter referred to as "the Tribunal) whereby it has directed the appellant-Department to grant the benefit of higher pay to the respondent as per Office Memorandum dated 6.6.2000 with effect from that date and also to consider his request for extending the benefit of Dynamic Assured Career Progression Scheme (for short, hereinafter referred to as "the DACP Scheme") in furtherance of the order dated 5.4.2002 thereby allowing the pay scale of Rs.14300-18300 as Chief Medical Officer (Non Functional Selection Grade) with effect from that date.
(2.) WE have heard Mr.Kuldeep Mathur, learned counsel for the petitioners and Mr.S.K.Nanda, learned counsel for the respondent.
(3.) THE Fifth Central Pay Commission in its report recommended creation of All India Health and Medical Service and proposed to effectuate the same following steps:-