STATE OF HIMACHAL PRADESH Vs. D.R. BHARWAL

JUDGEMENT

(1.) The present appeal has been filed against the impugned judgment dtd. 4/5/2021, passed in CWPOA No.1184 of 2020, titled Dr. D.R. Barwal (now deceased) through his Legal Representatives vs. State of Himachal Pradesh and others, whereby petitioners have been held entitled for inclusion of Non-Practicing Allowance (NPA), revised vide notification dtd. 28/7/1998 (Annexure A-5 to the writ petition/ CWPOA No.1184 of 2020), in their pay for calculation of retiral benefits w.e.f. 1/9/1997 onwards.

(2.) Admittedly, petitioners served as Medical Officers in the Health Department of Himachal Pradesh and have retired before 1/9/1997. At the time of their retirement, Non-Practicing Allowance was fixed as per notification dtd. 9/6/1989 (Annexure A-4 to the writ petition/ CWPOA No.1184 of 2020), wherein it was stated that Non-Practicing Allowance will be treated as pay for grant of various allowances, as well as for calculation of retiral benefits.

(3.) Non-Practicing Allowance was revised vide notification of dtd. 28/7/1998 w.e.f. 1/9/1997 and in this notification also Non-Practicing Allowance was directed to be treated as pay for rt the purpose of grant of allowances, as well as calculation of retiral benefits.