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Union of India and Ors. v. K.P. Singh and Anr.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 3798 of 2015)Decided 12 Jan 2017
Civil Appeal No. 3798 of 2015
Justice A.M. Khanwilkar · Dr. Justice D.Y. Chandrachud

Background

This order sends the case back; it does not decide the dispute. The appeals and a connected writ petition were about whether the Dynamic Assured Career Progression (DACP) Scheme extends to Commissioned Officer-doctors in the Army Medical Corps. The Union of India appealed against orders of the Armed Forces Tribunal.

Decision Breakdown

This is not a final decision on the dispute. The Court held that an earlier Tribunal ruling on the point, in Col. Sanjeev Sehgal's case, had been wrongly treated as conclusive. It set aside the Tribunal's orders and sent the original applications back for reconsideration of the entire matter afresh, with the parties to file fresh affidavits and all questions on merits left open. The writ petitioner was given liberty to join the proceedings before the Tribunal.

Lesson Learnt

There is no final ruling yet on whether the DACP Scheme covers Commissioned Officer-doctors of the Army Medical Corps. The Armed Forces Tribunal must decide the question afresh.

Official source (sci.gov.in)View Judgment (PDF)

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