DACP Benefits Can't Be Restricted Only To Litigating Officers; Must Extend To All Similarly Placed: Jharkhand High Court

The Jharkhand High Court has held that the benefit of the Dynamic Assured Career Progression (DACP) Scheme cannot be limited only to those medical officers who had approached the court earlier, but must also be extended to all similarly situated persons within the same cadre.Justice Ananda Sen, presiding over the case, observed, “Once a particular date has been fixed, all the persons who come within the zone of consideration must get the same benefit. The Judgment which declares that the cut-off date is bad, it is not in personem and rather it is in rem… When the particular policy has been revived, all the persons, who are within the zone are entitled to get the benefit of the policy, no matter whether they have approached the Court or not.” The above ruling was made in a writ petition filed Ram Prasad Singh and others, members of the State's medical cadre, seeking a writ of mandamus directing the respondent authorities to revise and refix the benefits and grant them DACP and consequential benefits as per the 5th and 6th Pay Revision from 05.04.2002 and 29.10.2008 in light of the observations made in a previous order (dated 02.08.2023) passed by the Division Bench of the High Court in L.P.A. No.86 of 2018. They had further prayed that a direction may be given to the respondent authorities to release the arrears and all consequential benefits after refixation of DACP benefits. Earlier, the DACP scheme was implemented with effect from those dates. Later, the State modified the cut-off date to 01.09.2008 through a resolution dated 11.09.2013. The benefits already granted were withdrawn through notification dated 15.01.2014. Writ petitions challenging this withdrawal were dismissed, but the Division Bench (in LPA No. 86 of 2018) had set aside the Single Judge's order and held that shifting the date was not proper. This order, when challenged in the Supreme Court, was dismissed, keeping the question of law open.The State opposed relief and argued that the petitioners were “fence sitters” who had not challenged the policy earlier and therefore were not entitled to relief now. The Court rejected that objection, holding that the effect of the Division Bench judgment is that the original DACP dates stand revived and must apply to all eligible officers, not only the litigants.The Court said, “The effect of this order is that the date which was fixed earlier is the only crucial date for the purpose of grant of DACP and there cannot be any other second date.… It is the policy decision of the State which has been struck down which automatically revives the earlier policy.” The Court directed the respondents to give similar benefits to the petitioners and other similarly situated persons in terms of the judgment of the Division Bench of the High Court in L.P.A No.86/2018.“The consequential benefits should be released in favour of these petitioners within eight weeks from the date of receipt of the copy of this order,” the Court concluded while allowing the writ petition.Case Title: Ram Prasad Singh & Ors. v. State of Jharkhand & Ors.Case Number: W.P.(S) No. 5953 of 2025Click here to read the judgment

DACP Benefits Can't Be Restricted Only To Litigating Officers; Must Extend To All Similarly Placed: Jharkhand High Court

Bhavya Singh

Tags