RAJNISH RATILAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Al l the appl i cants are the or ig i na l pet i t i oners who a serv ing as Medica l Teachers in Government Medical Col leges . They have been paid rev i sed pay and emoluments on the basis of the recommendations made by the6th Pay Commission i.e. on the basis of the Gujarat Civil services (Revision of Pay)Rules, 2009 with effect from 01.01.2006. As Non Private Practicing Allowance (NPPA) also came to be revised, they have been paid the said allowance with effect from 01.01.2006 onwards.

(2.) Two Resolutions came to be published by the State Government dated 25.06.2010 and 01.09.2010 as well as two Circulars, dated 11th March 2014 and 28th September 2015 have been issued whereby the decision was taken to the effect that the revised NPPA on the basis of the 6th Pay Revision of Pay Rules would be paid with effect from 01.04.2009. For the period between 01.01.2006 to 31.03.2009, the amount shall be paid notionally, which would be calculated on the basis of pre-revised rates of NPPA i.e. 5th Pay Revision of Pay Rules. Recovery was effected from those who were actually paid the amount for the notional period.

(3.) The applicants therefore, preferred the petitions wherein this Court granted interim relief to restrain the recovery of NPPA paid to the applicants for the period between 01.01.2006 to 31.03.2009.