Lagatar24 Desk
Ranchi: In a major judgment favoring medical officers, the Jharkhand High Court has ruled that the Dynamic Assured Career Progression (DACP) scheme benefits must be extended to all eligible doctors of the same cadre and position, not just those who had approached the court.
Court Clarifies Scope Of Policy Benefits
A bench led by Justice Ananda Sen observed that if a policy’s cut-off date is declared invalid by the court, its effect cannot be limited only to the petitioners. All officers falling within the ambit of that policy automatically become entitled to its benefits, regardless of whether they filed a case or not. The court emphasized that once a policy is revived, its advantages must be granted uniformly to all similarly placed officials.
Case Background And Dispute Over Cut-Off Date
The petition was filed by Dr. Ram Prasad Singh and other state medical cadre officers, demanding implementation of DACP benefits under the 5th and 6th Pay Commissions from April 2002 and October 2008, along with arrears. Initially, the state had implemented DACP with these dates but later changed the cut-off date to September 1, 2008, via an order issued on September 11, 2013, and subsequently rolled back earlier benefits in January 2014, affecting promotions and salaries.
Division Bench Reversal And Supreme Court Stand
The single bench had earlier dismissed multiple petitions on the issue. However, in 2018, a Division Bench overturned that order, declaring the government’s decision to alter the cut-off date as invalid. The state’s appeal to the Supreme Court was also dismissed, affirming the High Court’s ruling.
No Denial Of Benefits To “Fence-Sitters”
Rejecting the government’s argument that current petitioners were “fence-sitters” who had not challenged the policy earlier, the court said once the modified policy was struck down, the original policy automatically revived, entitling all eligible officers to equal benefits.
Government Given 8 Weeks To Comply
The court directed the Jharkhand government to implement DACP benefits for all equally placed medical officers in line with the division bench’s decision and to release arrears and consequential benefits within eight weeks of receiving the order copy.
Relief For Hundreds Of Doctors
This verdict has come as a major relief to hundreds of government medical officers across Jharkhand, who will now receive long-pending promotions and salary benefits under the DACP framework that were earlier limited to a few petitioners.
