Message Board 15th Oct. 2014:
Congratulations to all Service Doctors! DADWA wins its case against MOHFW & DOPT in Delhi High Court about Non-functional up-gradation (NFU) to Higher Admn. Grade:
Victory is sweet; especially if it comes after years of litigation against none other than our own government. Technically there was no case here. DADWA never asked for the moon. It just asked the government to implement its own decision i.e. grant the benefit of NFU to HAG level as recommended by 6th PC to service doctors. DOPT, MOHFW and GNCTD were the respondents to ensure that benefits accrue to both CHS and DHS Officers.
The government had not filed its counter to our petition and it was expected that they would see a date and thus delay the case by 4-5 months. We had instructed our counsel to oppose and seek to argue the case due to inordinate delay. Hon’ble High Court took cognizance of our plea, allowed argument and our advocate did not disappoint. In 45 minutes the judges ruled in our favour and gave 6 weeks’ time to the Govt. to implement the NFU. Once the order is available it will be posted in the download section of our website for any service doctors of the country to make use and take the benefits of this victory.
However it is probable that a section of bureaucracy that was responsible for delay might try to go an appeal in Supreme Court but DADWA is ready. Your executive has already instructed DADWA’s counsel to file a Caveat. DADWA would however wish that MOHFW under leadership of our able Health Minister Dr. Harsh Vardhan would refrain from doing so and thus prevent itself from further embarrassment in Supreme Court.
Service doctors are instrumental in implementing health policy and to run the health delivery system of the country. There is no reason why they should be denied a career in public service that is equal to one of the best in the country. The NFU falls short of that and service doctors would be getting it two years after the IAS officers. Even this benefit has been denied for so many years while other group-A services got this benefit for several years now. The elements responsible for deliberate delay should be charged with dereliction of duty.
DADWA would like to advise all members to be careful of a malicious campaign by some vested interests floating an idea that DADWA is taking care of only the senior doctors. We wish to clarify that benefits like retirement and progression to the highest grades (HAG) in service would add value to the service, enhance career earnings and prevent stagnation. Seniority is something that would be acquired by all at one stage. Those who are junior today would one day become senior. The benefits of HAG and retirement would accrue to all and affect their pensions. Every service doctor thus stands to gain from our fight for justice.
DADWA’s victory has exposed the hollowness of governments’ past actions. It has also vindicated our stand and belief in our judicial system. But there could be an attempt to test us or to tire us out. We also are aware that there are our brothers, friends and well-wishers in the same system who would help us win if our fight is based on truth and fairness. But the key is our belief in ourselves, our cause and our unity. Let’s test it ….
PS: *Members are requested to contribute generously to DADWA’s legal corpus through cheques payable to “Delhi Admn. Doctors’ Welfare Association” and send it to the treasurer “Dr. B.K. Dey, 45, Harit Niketan, West Enclave, Pitampura, Delhi -110034” In case of any difficulty he may be contacted on 9999882644