UNION OF INDIA AND ORS. versus K.P. SINGH AND ANR.

Citation: [2017] 1 S.C.R. 492 · Decided: 12-01-2017 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Disposed off

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Judgment (excerpt)

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(2017] t S.C.R. 492 
UNION OF INDIA AND ORS. 
v. 
K.P. SINGH AND ANR. 
(Civil Appea!No.3798 of2015) 
JANUARY 12, 2017 
[A.M. KHANWILKAR AND DR. D.Y. CHANDRACHUD, JJ.) 
Armed Forces - Dynamic Assured Career Progression Scheme 
(DACP) - Applicability of. to medical doctors engaged as 
Commissioned Officers in Army Medical Crops-AMC Cadre -
Doctors of AMC, with more than 20 years of commissioned/Group-
A Gaze/led service - Applications by doctors seeking DACP before 
the Armed Forces Tribunal - Tribunal allowed the applications 
relying on the decision dated 18'" July 2011 in the Original 
Application seeking similar relief. wherein the tribunal had held 
that there was no denial that the DACP Scheme is equally applicable 
to AMC Cadre and had directed the department ta.issue instructions 
for implementation of the DACP.Scheme - On appeal, held: Correct 
factual position was not brought to the notice of the tribunal and 
also this Court, in the Appeal against the decision of the tribunal -
However, considering the far reaching financial and structural 
ramifications for the Defence Forces and in larger public interest, 
it is essential to examine the applicability of DACP Scheme to 
Commissioned Officers of Armed Forces - The fact that no express 
denial was stated in the pleadings filed before the tribunal cannot 
be construed as admission of the Department to extend DACP even 
to doctors working in AMC Cadre - If DACP Scheme is extended to 
doctors working in AMC Cadre, it would result in an anomalous 
situation - Since the other Commissioned Officers working on the 
same rank would not be enlitled for DACP considering the service 
conditions of the Commissioned Officers governed by respective 
Acts - Further, the 6'" Pay Commission has not expressly 
recommended applieation of DACP Scheme to Commissioned 
Officers in AMC Cadre - Direction to issue instructions for the 
implementation of DACP scheme would have lo be construed to 
mean that the authorities must act in accordance with lmv and extend 
DACP scheme even to the Commissioned Officers of AMC Cadre, if 
permissible in law and nothing more - Thus, the respective OAs 
remanded to tribunal for reconsideration afresh. 
492 
UNION OF INDIA AND ORS. v. K.P. SINGH AND ANR. 
Disposing of the appeals and writ petition, the Court 
HELD: t.t On a fair reading of the decision in *Co/. Sanjeev 
Sehgal passed by t.he Tribunal dated t8" July 2011, all that it 
records is that there was no denial that the Dynamic Assured 
Career Progression Scheme (DACP) is equally applicable to AMC 
Cadre. Further, the Scheme has already been implemented in 
civil departments except in the Armed Forces. 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 29'' October 2008 issued by the Ministry of 
Health & Family Welfare, dated ts•• November 2008 issued by 
the Ministry of Finance and dated 27'' November 2008 issued by 
the Ministry of Defence. [Para 111 [513-A-CJ 
t.2 In that, the correct factual position was not brought to 
the notice of the tribunal and also this Court, in the Civil Appeal 
filed before this Court against the decision of the tribunal. 
Nevertheless, considering the far reaching financial and structural 
ramifications for the Defence Forces and in larger public interest, 
it is essential to examine the core issue about the applicability of 
DACP Scheme to Commissioned Officers of Armed Forces. The 
Commissioned Officers are governed by Army Instructions 
74/t976. Their promotion in AMC Cadre up to the rank of Captain, 
Major and Lt. Col. are by time scale subject to meeting the 
prescribed criteria and substantive promotion to the ranks of 
Colonel, Brigadier, Major General and Lieutenant General is by 
selection. As per para 10 of Army Instructions 74/1976, officers 
granted permanent commission in the Army Medical Corps 
receive pay and allowances at the rates laid down in Pay and 
Allowances Regulations for officers of the Army, as amended from 
time to time by the Ministry of Defence, Government of India in 
consultation with Department of Expenditure, Ministry of Finance. 
On the other hand, the Doctors serving in Ministry of Defence 
are categorized as civilian medical doctors. In so far as civilian 
medical doctors are concerned, the Government has already 
extended DACP Scheme in terms of Circular issued by the 
Ministry o

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