C.A.T. DECLINES STAY IN OA No.2395/2010( "Dr. Manisha Malhotra & Ors. Vs. UOI & ors.) ON 12-8-2010
DOCTORS APPROACH C.A.T. AFTER DENIAL OF BENEFITS OF DACP BY MOHFW
Please read the message board at www.dadwa.com
Friday, August 13, 2010
Wednesday, August 11, 2010
Message from -Dr. Vijay Rai, Secretary :-DADWA DOCTORS RESORT TO LITIGATION
Dear All,
DOCTORS RESORT TO LITIGATION : THANKS TO DIVISIVE POLICIES OF GOVT
Message from -Dr. Vijay Rai, Secretary DADWA from www.dadwa.com
Dr Marwah
Message Update 10-8-2010
DOCTORS RESORT TO LITIGATION : THANKS TO DIVISIVE POLICIES OF GOVT.
DADWA had stated earlier on this column that benefits of DACP committed by the MOHFW in Oct. 2008 could be used to divide the members of CHS further. Hundreds of CHS Officers from various sub-cadres of CHS missed inclusion in the list of those who got SAG following DACP. The root cause was change of R/R’s from 3 ‘very good’ grade our of 5 ACR’s to 5 such grades out of 5. Ideally such changes should have been implemented prospectively and not retrospectively but that was not to be.
Now please see the situation. First hundreds of ACR’s pertaining to several years were found missing and the members of CHS were asked to get their ACR’s to the MOHFW. Then was the change of bench mark grades and then delay in DPC’s and then inability of the DPC’s to take cognizance of overall performance of the officers whose were found below the bench mark grades and then inability to communicate the crucial lower grades to the officers concerned and so on. The process of such communication and inviting representations has started but it is too little and too late.
Who has been at the receiving end due to such errors of omission and commission? Any one can guess and as expected, affected doctors (almost 33%) are angry and some have approached the court. DADWA fully supports proactive actions by all such CHS Officers whether in Delhi Govt. or not. One such OA has been filed by about 20 aggrieved doctors in CAT wherein in additions to the remedy to their grievance, reportedly they have sought a stay on the ongoing exercise by MOHFW wherein lists are being finalized to give benefits of DACP to doctors of CHS and some lists are already out. The said OA is listed for 12-8-10.
The core committee of DADWA has deliberated on the issues involved. It understands that the grievance of affected doctors is genuine and deserves remedy, but there is a need to assess the impact of a possible stay if sought by the applicant doctors. MOHFW would be responding to the OA but is may not be surprising if it may lukewarm in contesting the prayer for a stay by Hon’ble CAT. For example there is no reason for the MOHFW to apprise the court of the delay of almost 2 years in reaching to this stage and consequent loss financial loss to hundreds of doctors. Further stay would entitle it to stop the work altogether while senior doctors would continue to retire.
View of DADWA on the Subject: The core committee of DADWA is of the view that,
First facts are to be ascertained as to whether stay has really been sought in the OA coming on 12-8-10? If yes, what are the grounds.
Seek a legal opinion about an ideal course of action so as to protect the interest of both the groups viz. Promoted and not promoted. The view that emerged is that DADWA while supporting the plea of applicants seeking justice viz, promotion and financial benefits of DACP from retrospect (Oct. 2008) without loss of seniority DADWA should request the court to give it an opportunity to present the case of those CHS Officers who are likely to be affected in case Hon’ble CAT grants a stay.
Act decisively and fast so as to meet the deadline of 12-8-10.
It is true that DADWA came to know of these developments late, but it believes that remedy is possible. We seek your full support of that of all groups of doctors and associations. Please give send your views on email to secretarydadwa@rediffmail.com or through views section of this website. -Dr. Vijay Rai, Secretary DADWA
DOCTORS RESORT TO LITIGATION : THANKS TO DIVISIVE POLICIES OF GOVT
Message from -Dr. Vijay Rai, Secretary DADWA from www.dadwa.com
Dr Marwah
Message Update 10-8-2010
DOCTORS RESORT TO LITIGATION : THANKS TO DIVISIVE POLICIES OF GOVT.
DADWA had stated earlier on this column that benefits of DACP committed by the MOHFW in Oct. 2008 could be used to divide the members of CHS further. Hundreds of CHS Officers from various sub-cadres of CHS missed inclusion in the list of those who got SAG following DACP. The root cause was change of R/R’s from 3 ‘very good’ grade our of 5 ACR’s to 5 such grades out of 5. Ideally such changes should have been implemented prospectively and not retrospectively but that was not to be.
Now please see the situation. First hundreds of ACR’s pertaining to several years were found missing and the members of CHS were asked to get their ACR’s to the MOHFW. Then was the change of bench mark grades and then delay in DPC’s and then inability of the DPC’s to take cognizance of overall performance of the officers whose were found below the bench mark grades and then inability to communicate the crucial lower grades to the officers concerned and so on. The process of such communication and inviting representations has started but it is too little and too late.
Who has been at the receiving end due to such errors of omission and commission? Any one can guess and as expected, affected doctors (almost 33%) are angry and some have approached the court. DADWA fully supports proactive actions by all such CHS Officers whether in Delhi Govt. or not. One such OA has been filed by about 20 aggrieved doctors in CAT wherein in additions to the remedy to their grievance, reportedly they have sought a stay on the ongoing exercise by MOHFW wherein lists are being finalized to give benefits of DACP to doctors of CHS and some lists are already out. The said OA is listed for 12-8-10.
The core committee of DADWA has deliberated on the issues involved. It understands that the grievance of affected doctors is genuine and deserves remedy, but there is a need to assess the impact of a possible stay if sought by the applicant doctors. MOHFW would be responding to the OA but is may not be surprising if it may lukewarm in contesting the prayer for a stay by Hon’ble CAT. For example there is no reason for the MOHFW to apprise the court of the delay of almost 2 years in reaching to this stage and consequent loss financial loss to hundreds of doctors. Further stay would entitle it to stop the work altogether while senior doctors would continue to retire.
View of DADWA on the Subject: The core committee of DADWA is of the view that,
First facts are to be ascertained as to whether stay has really been sought in the OA coming on 12-8-10? If yes, what are the grounds.
Seek a legal opinion about an ideal course of action so as to protect the interest of both the groups viz. Promoted and not promoted. The view that emerged is that DADWA while supporting the plea of applicants seeking justice viz, promotion and financial benefits of DACP from retrospect (Oct. 2008) without loss of seniority DADWA should request the court to give it an opportunity to present the case of those CHS Officers who are likely to be affected in case Hon’ble CAT grants a stay.
Act decisively and fast so as to meet the deadline of 12-8-10.
It is true that DADWA came to know of these developments late, but it believes that remedy is possible. We seek your full support of that of all groups of doctors and associations. Please give send your views on email to secretarydadwa@rediffmail.com or through views section of this website. -Dr. Vijay Rai, Secretary DADWA
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