G.S. NARULA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioners by way of present petition are seeking quashing of notification dated 07.12.2001 (Annexure P-2) whereby the Non-Practicing Allowance (hereinafter to referred as 'the NPA') which was earlier considered as part of the pay has been excluded and net effect is that all those who retired after 07.12.2001 (Annexure P-2) will be granted pension after excluding the NPA as part of pay. The Haryana Government has adopted the Central pattern and adopted the same definition of emoluments which is prevailing in the Central Government.

(2.) The Government as per instructions issued by the Department of Finance on 20.03.1992 (Annexure P-1) had specially classed the NPA to be counted as part of the pay for all purposes including the purpose for calculation of dearness allowance. However, vide gazette notification dated 07.12.2001 (Annexure P-2) thereby superseding the previous special instructions to the extent that the special pay (NPA) granted to the doctors would not form part of the pay as defined vide Rule 2.44(a)(i) of Punjab C.S.R. Vol.I Part-I. It is further stated that while revising the rates the NPA from 01.04.2001 as per Government instruction dated 09.04.2001 (Annexure R-3) the Government has restricted the counting of NPA as part of pay for the purpose of D.A. entitlement of loans and advances and TA/DA only and the entitlement of counting the NPA as emoluments for pension was withdrawn. The instructions dated 10.10.2002 (Annexure R-II) for ready reference is as under: -

(3.) The State Government is now bound by the notifications dated 07.01.2002 (Annexure R-1) and dated 10.10.2002 (Annexure R-2) respectively and the same were issued after receiving clarification of Government of India, vide letter dated 29.10.1999.