CHITRA M PRAKASHKER Vs. STATE OF GUJRAT

JUDGEMENT

(1.) ALL in-service doctors, whose services are governed by various statutory Rules framed by the Government in exercise of the power under Art. 309 of the Constitution, including that of Gujarat Civil Services (Conduct) Rules, 1971 (hereinafter referred to as the "conduct Rules" for the sake of convenience), Gujarat Civil Services (General Conditions of Services)Rules, 2002 (hereinafter referred to as the "general Rules" for the sake of convenience), and Gujarat Civil Services (Pension) Rules, 2002 (hereinafter referred to as the "pension Rules" for the sake of convenience), have preferred all the petitions for challenging the policy of the State Government vide resolution dated 29-3-2007 for discontinuing Non-Practicing Allowance (hereinafter referred to as "n. P. A. " for the sake of convenience) and for permitting them for private practice after office hours. As the policy of the Government also provides for giving option to in-service doctors, who have completed 15 years of service for continuing with the N. P. A. and/or for permission for private practice and as such options are not given to the petitioners, the said policy of the State Government is also challenged on the ground as the same being discriminatory amongst in-service doctors, who are similarly situated. The aforesaid appears to be, in substance, the challenges to be considered by this court in the present group of petitions. As the facts are more or less interconnected and common, and in any event, the challenges are common, they are being considered by this common judgment.

(2.) WITH the consent of the learned Counsel appearing for both the sides, the contents and record of the Civil Application No. 5869 of 2007 preferred by the State Government are treated as the stand and the contentions of the state Government for maintaining the policy, which is impugned in the petitions. The relevant facts of the case for appreciating the aforesaid challenge appear to be as under :

(3.) IN the year 1965, the State Government vide Resolution dated 27-10-1965, with a view to attract adequately qualified medical persons to Government service and with a view to stop private practice in respect of new entrant, decided to upgrade the post, to give advance increments to new-comers and also decided to give allowance for the loss of private practice as per the details given in the accompanying statement. The details of such allowances for loss of private practice are not much relevant for the purpose of deciding the present petitions, but suffice it to state that a policy decision was taken to introduce the payment of allowances for loss of private practice. In the same manner, such policy continued with the modification in the quantum of the amount vide resolution dated 12-7-1970 of the State Government. The same position continued further with the modification for the rates and there was one additional development in the payment of the allowances for loss of private practice (popularly known as "n. P. A. ") and the same was that it was linked up with the pay of the doctors concerned. The said policy continued further with the additional change that N. P. A. was indirectly merged with the basic pay in computing T. A. , D. A. , etc.