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11. It was further submitted that since the applicant, along with his seniors have been granted NFSG pay scale w.e.f. 05.04.2002 on the basis of the Circular dated 27.03.2003 (Annexure P-6) annexed to the Writ Petition, which clearly states that the Respondent-Corporation had vide its Resolution No.572 dated 13.09.2003 since accepted the recommendations of the V Central Pay Commission regarding Dynamic Assured Career Progression (DACP) Scheme, as granted by the Govt. of India, Ministry of Health & Family Welfare, with effect from the same date of 05.04.2002 in respect of Doctors. It was further submitted by the respondents that the OM dated 06.06.2000 regarding grant of NFSG to the organized Group A Central Services no longer applies to the applicant, as he belongs to Combined Medical Services Cadre, in respect of which certain instructions have been issued by the Ministry of Health & Family Welfare, Govt. of India, as per their Circular dated 05.04.2002, which benefit has already been granted to him. Denying all the other grounds raised by the applicant point by point, the respondents had thereafter submitted that the Writ Petition is not maintainable in the eyes of law, and that the petitioner/applicant before us is not entitled to any relief.

13. He had contested that the Respondent-Corporation cannot take the stand that after their having accepted the recommendations of the V Central Pay Commission regarding DACP Scheme w.e.f. 05.04.2002 being extended to those Doctors, who were not covered under the order dated 06.06.2000, but they had nowhere stated as to how many Doctors have already been granted the benefit of NFSG Scheme w.e.f. 06.06.2000, and as to what category they belonged to, either Allopathic or Dental or Ayurveda. He had pointed out that in the case of Medical Officer (Ayurveda) (CMO) Time Bound Promotion had already been recommended to the pay scale of Rs.14300-18300 in the meeting of the Respondent-Corporation held on 24.07.2007, and the Doctors in Dental Cadre had also been given this benefit, while the Allopathic Doctors like the applicant had been denied this benefit from that date. He had assailed the actions of the respondents in having granted him NFSG w.e.f. 05.04.2002, and not from 06.06.2000, by alleging it to be nothing but an arbitrary exercise. He had, in the end, submitted that he had been put to huge financial loss by not being provided the benefit of NFSG w.e.f. 06.06.2000, but being given the benefit only from w.e.f. 05.04.2002, and had, therefore, prayed for his petition to be allowed.

21. On the other hand, the respondents had produced at Annexure P-6 pages 58 to 60, a copy of the Circular dated 27.03.2003 issued by the Respondent-MCD informing that the Corporation had vide its Resolution No.572 dated 13.09.2003 accepted the recommendations of the V CPC regarding DACP Scheme as notified by the Govt. of India, Ministry of Health and Family Welfare w.e.f. 05.04.2002 in respect of Doctors working in MCD, and had asked that in order to consider the cases of the Medical officers as per the provisions of the DACP Scheme, and to examine the claims of medical Doctors, and had asked for the details to be submitted in the proforma enclosed as Annexure B of that Circular. Annexure-A of that Circular was the relevant Ministry of Health and Family Welfare Circular dated 05.04.2002. It is clear from the contents of this Circular that the DACP Scheme had delinked the cases of Doctors from the concept of NFSG, and had recommended and decided that promotions of various grades in the CHS would be in a different manner. The General Duty Medical officer Sub-cadre Medical Officers in the pay scale of Rs.8000-13500 were to be promoted to the grade of Senior Medical Officers in the grade of Rs.10000-15200 on completion of 4 years of regular service, and it was provided that the Senior Medical Officers with 5 years of regular service will be promoted to the posts of Chief Medical Officers in the pay scale of Rs.12000-16500, and then, after completion of 4 years in Chief Medical Officers grade, they were to be promoted to the pay scale of Chief Medical Officer (NFSG) Rs. 14300-18300. Thus, on completion of 13 years of regular service in the GDMO sub cadre of CHS, Officers of GDMO of the Central Health Scheme were to be eligible to be promoted to the Chief Medical officer (NFSG) in the grade of Rs.14300-18300. Similar provisions were prescribed in respect of Specialists/Medical Officers of Non-Teaching and Public Health sub cadres, for promotion from Specialist Grade-II (Junior Scale) Rs.10000-15200 to Specialist Grade II (Senior Scale) (Rs.12000-16500) on completion of 2 years of regular service, Specialist Grade-II (Senior Scale) officers with 4 years regular service as Specialist Grade-II (Senior Scale) were to be promoted to Specialist Grade-I in the pay scale of Rs.14300-18300, and similar benefits were provided in the case of Teaching sub cadre Assistant Professors and Associate Professors, through which the officers of Teaching, Non Teaching and Public Health sub cadres were to be promoted to Specialist Grade-I/Professor grade equivalent to the CMO (NFSG) grade of Rs.14300-18300, on completion of just 6 years of service. In the case of Super Specialists/Associate Professors (Super Specialists), who were in the pay scale of Rs.12000-16500, were ordered to be promoted to Specialists Grade-I/Professors in the pay scale of Rs.14300-18300, on completion of 4 years of regular service. All these promotions under the DACP Scheme were ordered to be made without linkage to the number of vacancies, and other conditions for effecting promotions were to be continued to be governed by the Central Health Scheme Rules 1996, and the relevant DoP&T instructions in this regard. It is seen that no portion of DACP Scheme was at variance with the earlier existing Scheme of NFSG, but that this scheme was rather even more lenient.

22. It is, therefore, clear and apparent that the applicant does not have any substantive grievance which requires a judicial intervention or determination from this Tribunal, and actually his grievances could have been settled if the issue concerning his seniority, in respect of which he had given numerous representations, had been settled, after which he would have perhaps automatically become eligible for being counted among the 30% segment of NFSG on the basis of his seniority. Therefore, this TA is disposed of, with liberty being granted to the applicant to consolidate his grievance as raised by him with the respondents through his representations dated 07.02.2005, 31.03.2005, 15.04.2005, 30.06.2005, 06.08.2005 and 09.12.2005 into a single representation, and the Respondent North MCD is directed to consider his case of seniority, and resolve it, so that the issue of grant of NFSG or DACP financial upgradations to him can be settled, and if after such consideration of his representation, the applicant falls within 30% of the cadre of NFSG, or can be covered under the DACP Scheme for grant of financial benefits from a retrospective date, his claim would be considered and he would be granted those benefits accordingly.