AIR 2017 SUPREME COURT 549 ::2017 LAB. I. C. 741 ::(2017) 1 Scale 523 ::AIR 2017 SC (Civil) 2625 ::2017 (7) ADJ 75 NOC ::(2017) 1 ESC 150 ::2017 (3) SCC 289 ::(2017) 6 ServLR 315

Supreme Court Of India

Hon'ble Judge(s): A. M. Khanwilkar, D. Y. Chandrachud , JJ

Army Act (46 of 1950) , S.191— Promotion - Dynamic Assured Career Progressive (DACP) Scheme - Implementation in relation to Officers of Army Medical Corps. - Office Memorandum @page-SC550including Office noting on file at different levels - Clearly indicating exclusion of applicability of DACP Scheme to doctors working as Commissioned Officers in Army Medical Corps. (AMC) -Finding of Armed Forces Tribunal making DACP Scheme applicable to them - Based on inaccurate pleadings and without considering entire material on record - Liable to be set aside - Matter remanded. Constitution of India , Art.16— The recommendation made in respect of DACP Scheme by 6th Pay Commission was limited to Civilian Doctors (not in respect of Commissioned Officers in three Services). Besides resolution passed by Ministry of Finance dated 29th August, 2008, bearing No.1/1/08-IC made it explicit that DACP scheme was applicable only in respect of civilian employees in organized and unorganized sectors employed by Central Government as also in the All India Services and to Chairpersons or Members of regulatory bodies. Besides said resolution, the Ministry of Finance, Department of Expenditure, Implementation Cell on 29th August, 2008 vide its communication made it amply clear to the Ministry of Defence that proposal regarding implementation of the Government decision of p....