DACP applies to NIT medical officers performing medical duties where the scheme has been adopted.

The petitioner, a Senior Medical Officer at NIT Patna, sought financial upgradation under the Dynamic Assured Career Progression (DACP) Scheme from Grade Pay ₹7,600 to ₹8,700, effective 1 October 2017, after completing four years’ qualifying service.

NIT Patna rejected his claim by order dated 24 April 2019.

During the writ proceedings, the Institute granted him upgradation effective 14 December 2019 under the NIT Recruitment Rules.

The petitioner amended his petition to challenge that effective date and sought the benefit from 1 October 2017.

NIT Patna and the Union of India argued that DACP did not automatically apply to NIT employees and that the petitioner’s case was governed by the NIT Recruitment Rules.

1. Whether the DACP Scheme could apply to the petitioner, a Senior Medical Officer at NIT Patna, in light of the treatment of similarly situated Medical Officers in other NITs.

2. Whether the DACP Scheme applied automatically to NITs, or required adoption by the relevant Board of Governors, and whether the petitioner was entitled to upgradation from 1 October 2017.

The Court considered the Ministry of Health and Family Welfare Office Memorandum dated 29 October 2008, which extended DACP up to the Senior Administrative Grade to Central Government Medical and Dental Officers.

It also considered the autonomous governance of NITs under the National Institutes of Technology, Science, Education and Research Act, 2007, and the NIT Recruitment Rules; the Court accepted that the DACP Scheme did not apply to NITs automatically, but could be adopted by an NIT’s Board of Governors.

Relying on Union of India & Ors. v. Deepak Sen & Ors., Civil Appeal No. 13502 of 2015, decided 24 August 2023, the Court applied the principle that eligibility for medical-officer benefits turns on the duties actually performed, rather than the employee’s post designation.

The Court found that the petitioner had throughout performed the duties of a Medical Officer; his designation as Senior Medical Officer did not exclude him from DACP under the principle in Deepak Sen.

Although DACP was not automatically applicable to NITs, NIT Patna’s own letter recorded that eight other NITs had adopted and implemented the Scheme for Medical Officers with Board of Governors’ approval.

The Court treated that uncontroverted material as evidence that adoption was permissible and that the petitioner was similarly situated.

Having completed four years of qualifying service on 1 October 2017, he was therefore entitled to the upgradation from that date, rather than from 14 December 2019.

It set aside the rejection order dated 24 April 2019 and directed the respondents to provide consequential monetary and service benefits under the Scheme, through placement of the matter before the Board of Governors, within six weeks after the petitioner filed a representation with a copy of the judgment.

The writ application was disposed of.