DINESH KUMAR RANA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) MATERIAL facts necessary for the adjudication of this petition are that the petitioner was appointed as Medical Officer (Ayurveda) under respondent-State. He joined his duties on his first appointment in Ayurvedic Health Centre, Nako, District Kinnaur on 19.3.1996. Thereafter, petitioner was transferred from Ayurvedic Health Centre, Nako to Tribal Hospital, Rekong Peo on 6.9.1997. He joined his duties at Tribal Hospital, Rekong Peo on 16.9.1997. Respondent-State has issued office memorandum dated 21.9.1995, which reads thus:

(2.) THEREFORE, the Governor, Himachal Pradesh, is pleased to order that the doctors of Health and Ayurveda Department of Himachal Pradesh will be entitled for accumulated "Special Non-practising Allowance" amounting to Rs. 1.00 lakh for the areas mentioned in Annexure "A-1 and A-II" and Rs. 75.000/- for the areas mentioned in Annexure "B-1 & B-II" for the effective service of the doctors in these areas subject to the following conditions:-

(3.) THIS issues with the prior approval of the Finance Department obtained vide their U.O. No. 11009- Fin-C-3(7)-3/95-dated 16.9.1995." 2. Nako is mentioned at Sr. No. 8 of Annexure A-II and Tribal Hospital, Rekong Peo is mentioned at Sr. No.1 of Annexure B-II of office memorandum dated 21.9.1995. State Government in its own wisdom had withdrawn office memorandum dated 21.9.1995 on 17.3.1997. Thereafter by issuing addendum dated 23.12.1997, it was decided to give special non-practising allowance for those doctors who were already working in the hard/very hard areas as defined in office memorandum dated 21.9.1995 and had joined the duties before 17.3.1997 when the scheme was withdrawn. 3. Petitioner was transferred from Tribal Hospital Rekong Peo to Sub Divisional Ayurvedic Hospital, Dehra vide office order dated 4.7.1998. The copy of this order was not placed on record either by the petitioner or by the respondent-State. The direction was issued to the respondent-State to produce the copy of order dated 4.7.1998 and the same has been placed on record. Petitioner has joined his duties as Medical Officer at Sub- Divisional Ayurvedic Hospital, Dehra on 17.7.1998 vide Annexure A-3. Petitioner was released a sum of Rs. 30,000/- on 18.3.1997 as per office memorandum dated 21.9.1995. Petitioner was served with a notice by respondent No.2 informing him that recovery of Rs. 5,000/- shall be made from the salary of the petitioner for the month of September, 1999, payable in the month of October, 1999. He was not heard before the issuance of notice whereby recovery of Rs. 5,000/- was to be made from the salary of the petitioner. The purported ground on which the recoveries were to be effected from the salary of the petitioner was that he was not entitled to special non-practising allowance of Rs. 30,000/- since he had not completed three years in the tribal area. 4. Mr. B.B. Vaid has strenuously argued that his client has rightly been paid a sum of Rs. 30,000/- by way of first installment of special non-practising allowance and his client was entitled to second installment since he had worked in the tribal area from 19.3.1996 till 4.7.1998, as per notification dated 21.9.1995. He further argued that no notice was issued to the petitioner to effect recovery from his salary. 5. Mr. P.M. Negi, learned Deputy Advocate General has vehemently argued that since the petitioner has not completed three years minimum effective service in the area mentioned in office memorandum dated 21.9.1995, he was not entitled to special non-practising allowance and the recoveries have been effected as per office memorandum dated 21.9.1995.