BIHAR VETERINARY ASSOCIATION Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Ganesh Prasad Singh for the petitioners, and Mr. Himanshu Kumar, learned JC to Government Advocate No. V, for respondent Nos. 1 to 4. This writ petition has been preferred with the prayer to quash Office Order No. 3/M 2 -5 -Bhatta/12/99 -Part 10, dated 20.3.2001 (Annexure 1), whereby the non -practising allowance being paid to the Veterinary doctors of the Bihar Government has been withdrawn.

(2.) THE facts are not at all in dispute. Petitioner No. 1 claims to be an Association of the veterinary doctors of the Government of Bihar, petitioner Nos. 2 to 4 claim to be its members and are serving the State Government as veterinary doctors. It view of the recommendations of the 5th Pay Commission read with the report of the Fitment Committee, the State Government. had allowed non -practising allowance every month to the veterinary doctors in lieu of the prohibition not to engage themselves in private practice as per the detailed terms and conditions stipulated in the order dated 15.4.2000 (Annexure 9). The Finance Minister of the Government of Bihar directed the Finance Commissioner to take steps and complete the formalities to withdraw the non -practising allowance of all the doctors of the Government of Bihar including veterinary doctors, vide his order dated 10.1.2001 (Annexure -10). The departmental Minister seems to have taker a different stand and forwarded his note dated 22.1.2001 (Annexure 12/1), to the Finance Minister to the effect that the existing system of payment of non -practising allowance should be allowed to continue. The issue was placed before the Council of Ministers which considered the entire matter and passed the impugned order followed by the formal communication.

(3.) THE respondents have placed on record their counter affidavit and have supported the impugned action. He submits that the Government has taken the policy decision to grant the non -practising allowance which, for valid reasons, has been withdrawn. He next submits that the impugned order is based on the decision of the Council of Ministers, and the views expressed by the two ministers were fully considered by the Cabinet, He lastly submits that the impugned order is non -discriminatory, and the non -practising allowance of all the doctors of the Bihar Government including the veterinary doctors has been withdrawn.