MAJOR DR. BHUPINDRA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of both the above-said writ petitions, as common question of law and facts are involved for adjudication. For the sake of convenience, facts are taken from CWP-5070-2020, titled as 'Major Dr. Bhupindra Singh and others Vs. State of Punjab and others'.

(2.) The petitioners have invoked the writ jurisdiction of this Court by filing the instant petition under Articles 226/227 of the Constitution of India, seeking a writ of mandamus, directing the respondents to grant the element of Non-Practicing Allowance in the pension of the petitioners w.e.f. 1/7/2011, as per notification dtd. 20/5/2011 (Annexure P-6), with all consequential benefits and arrears be released along with 18% penal interest.

(3.) Brief facts, as have been pleaded in the present petition, are that the petitioners were employed in the Animal Husbandry Department as Veterinary Doctors and have retired from service on attaining the age of superannuation between the years 1988 to 2009. The precise grievance raised in the present petition is that the respondents have included the Non-Practicing Allowance (hereinafter referred to as 'NPA') to the pension of the veterinary doctors as is being given to the medical doctors, however, the said benefit has only been confined to the retirees who have retired after 1/7/2011. Further, the respondents without any reasonable nexus have put the employees into two categories, first who are getting pension with Non-Practicing Allowance and second who are getting pension without Non-Practicing Allowance. The service particulars of the petitioners as given in Annexure P-1 are reproduced as under :-