AMITAVA ROY, J. - (1.) THE writ jurisdiction of this Court has been invoked to set aside the judgment and order dated 26.7.2010 passed by the learned Central Administrative Tribunal, Jodhpur Bench, Jodhpur (for short, hereinafter referred to as "the Tribunal) whereby it has directed the appellant-Department to grant the benefit of higher pay to the respondent as per Office Memorandum dated 6.6.2000 with effect from that date and also to consider his request for extending the benefit of Dynamic Assured Career Progression Scheme (for short, hereinafter referred to as "the DACP Scheme") in furtherance of the order dated 5.4.2002 thereby allowing the pay scale of Rs.14300-18300 as Chief Medical Officer (Non Functional Selection Grade) with effect from that date.
(2.) WE have heard Mr.Kuldeep Mathur, learned counsel for the petitioners and Mr.S.K.Nanda, learned counsel for the respondent. The rival pleadings provide the indispensable factual backdrop. The respondent had joined the services of the petitioners as Assistant Surgeon Grade-I with effect from 25.8.1973 following his selection by the Union Public Service Commission. He was thereafter promoted in succession as Senior Medical Officer and the Chief Medical Officer with effect from 1.1.1987 and 1.1.1989 respectively. He eventually retired from the service with effect from 31.1.2008. At that time, he was holding the post of the Chief Medical Officer in the Defence Laboratory, Jodhpur (Rajasthan) in the Civilian Medical Officer cadre under the administrative control of the Director General of Armed Forces Medical Services (for short, hereinafter referred to as the DGAFMS").
(3.) THE Fifth Central Pay Commission in its report recommended creation of All India Health and Medical Service and proposed to effectuate the same following steps:- "a) The Central Health Service may be integrated in the first instance so that the 4 sub-cadres are unified into a single cadre with a common seniority. The selection of the medicos should be need-based to avoid over-crowding in any field of specialization. b) A high-powered committee should be appointed to start a dialogue between the States and the Centre. It should work out the modalities within a fixed time-frame of 5 years for an All India Health and Medical Service. c) Directors-General of Health Services and Indian Railway Medical Service, and the Director, Indian Ordinance Factories Health Service should work out arrangements for inter-service exchange of personnel, while retaining maximum possible control over the cadre within the respective organizations. d) Posts outside the organized services excluding the Armed Forces Medical personnel should be immediately integrated into the Central Health Service. The medical doctors of the Central Police Forces may also be included in the service, and when posted to the CPOs they should be subject to the acts and rules of the concerned organization on the analogy of the Army Postal Service so that there are no problems of actual working. ;