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

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

The issues concerning the applicability of the DACP scheme to Commissioned Officers in AMC Cadre are not finally concluded; directions given by the Tribunal must be construed strictly as to act in accordance with law, and not as granting entitlement de hors statutory authority or Pay Commission recommendations; therefore, the original applications are remanded for fresh consideration including a comprehensive review of factual and legal materials.

Parties
Appellant: Union of India and Ors.; Respondent: K.P. Singh and Anr.
Jurisdiction
India
Judgment Date
12 January 2017
Procedural Posture
Civil Appeal / Disposition of Appeals and Writ Petition; Remand to Tribunal
Outcome
Appeals and writ petition disposed; Tribunal's orders set aside; Original Applications remanded for reconsideration afresh
Legal Topics
Dynamic Assured Career Progression Scheme (dacp), Applicability to Army Medical Corps (amc) Doctors, Commissioned Officers' Service Conditions
Service Law Armed Forces Law Dynamic Assured Career Progression Scheme (dacp) Applicability to Army Medical Corps (amc) Doctors Commissioned Officers' Service Conditions

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Parties

Union of India and Ors.

Appellant

K.P. Singh and Anr.

Respondent

Procedural Posture

Civil Appeal / Disposition of Appeals and Writ Petition; Remand to Tribunal

Legal Issues

  1. 1 Applicability of Dynamic Assured Career Progression Scheme to medical doctors commissioned in AMC Cadre of Armed Forces
  2. 2 Whether Tribunal's direction to implement DACP in AMC Cadre was correct

Ratio Decidendi

The issues concerning the applicability of the DACP scheme to Commissioned Officers in AMC Cadre are not finally concluded; directions given by the Tribunal must be construed strictly as to act in accordance with law, and not as granting entitlement de hors statutory authority or Pay Commission recommendations; therefore, the original applications are remanded for fresh consideration including a comprehensive review of factual and legal materials.

Court Disposition

Appeals and writ petition disposed; Tribunal's orders set aside; Original Applications remanded for reconsideration afresh

Orders

  • Appellants to file comprehensive affidavit with relevant documents as to why DACP scheme cannot be extended to Doctors engaged as Commissioned Officers in AMC Cadre.
  • Respondents may file response; Tribunal to dispose of remanded applications expeditiously.