Past Service Regularized for Pay and Pension Must Count Toward Eligibility for D.A.C.P. Scheme Benefits

The applicant, Dr. Luxmi Shankar Tripathi, was initially appointed as an S.T.M.O. on 02.11.1982

His services were regularized with retrospective effect from the date of his initial appointment via an order dated 21.04.1998, which stated his service would count from 02.11.1982 "for all purposes except seniority"

In 2008, the Dynamic Assured Career Progression (D.A.C.P.) Scheme was introduced, offering financial upgradation to Senior Administrative Grade (SAG) for doctors with 20 years of regular service

While 37 similarly situated doctors were granted this benefit, the respondents denied the applicant’s claim, calculating his regular service only from 26.04.1993 (the date of cadre regularization) rather than 1982

The applicant's representation was rejected via an impugned order dated 23.01.2014, leading to this Original Application

Whether the past service rendered by the applicant from 02.11.1982 to 26.04.1993 can be counted as "regular service" for the purpose of granting benefits under the D.A.C.P. Scheme

Whether the denial of D.A.C.P. benefits to the applicant while granting the same to 37 other medical officers constitutes a violation of Articles 14 and 16 of the Constitution of India

The Tribunal primarily relied on the legal principle established by the Supreme Court in State of Haryana & Another v. Deepak Sood & Others (2008), which held that if a government counts past service for pay fixation and pensionary benefits, it cannot ignore that same service for the purpose of granting Assured Career Progression (ACP) benefits

The court also applied the doctrine of non-discrimination under Articles 14 and 16 of the Constitution of India

Furthermore, the court interpreted the Ministry of Defence’s own clarification dated 21.04.1998, which mandated that the applicant’s service be treated as regular from his initial appointment for "all purposes except seniority"

The Tribunal found that the respondents’ calculation of "regular service" from 1993 was legally flawed and contradictory

It noted that the respondents had already issued a letter on 21.04.1998 specifically regularizing the applicant's service from 02.11.1982 for all intents and purposes, barring seniority

By applying the Deepak Sood precedent, the Tribunal reasoned that once the government recognizes past service for pay and pension, it is "no more res integra" that such experience must be counted for higher pay scales or financial schemes

The Tribunal observed that the respondents failed to provide a reasonable basis for treating the applicant differently from the 37 other Medical Officers who received the SAG grade pay, thereby rendering the impugned order arbitrary and discriminatory

The fact that the applicant had retired was deemed irrelevant to his eligibility, as the right to the benefit had accrued during his tenure

It held that the applicant is entitled to the benefits of the D.A.C.P. Scheme by counting his service from 02.11.1982

The respondents were directed to grant the applicant the SAG grade pay benefits at par with his peers, including the payment of arrears and a revision of his pension (PPO), within three months