- (1.) MUKTESHWAR Prasad, J. By means of this writ petition under Article 226 of the Constitution of India,1950, the petitioner has prayed for issuance of a writ of certiorari quashing the orders dated 22-2-1992 and 31-10-1991 (Annexures 15 and 12 to the writ petition respectively) and for issuance of a direction in nature of mandamus commanding the respondents not to recover the amount in question from the petitioner.
(2.) WE have heard learned counsel for the petitioner Sri P. N. Tripathi and learned Standing Counsel at length and perused the record. The petitioner has challenged the impugned orders passed by the respondents for recovery of non- practicing allowance and house rent allowance allegedly drawn in excess by the petitioner. At the time of hearing of the petition, Sri Tripathi gave a statement to the effect that he is confining his petition only with regard to non-practicing allowance and no other relief is being pressed. Therefore, the question is whether the respondents can recover the non-practicing allowance drawn by the petitioner from 11-12- 1981 to 16-2-1991. Admittedly, the petitioner was appointed as Principal in Sri Durgaji Homeopathic Medical College, Chandeshwar, Azamgarh w. e. f. 1-10-1971. In the year 1981, nine Homeopathic Medical Colleges of the State including Tilakdhar Homeopathic Medical College and Hospital, Jaunpur as well as Sri Durgaji Homeopathic Medical College and Hospital, Chandeshwar, Azamgarh were provincialised by U. P. Act No. 21 of 1981, which came into force w. e. f. 11-12-1981.
(3.) SINCE the date of his appointment, the petitioner was drawing his pay as Principal of Homeopathic Medical College in the prescribed pay scale along with dearness allowance. He was also getting non- practicing allowance at the rate of 25% of the basic pay. The petitioner was transferred to Tilakdhari Homeopathic Medical College and Hospital, Jaunpur and on the basis of last pay certificate, he was drawing pay, dearness allowance as well as non-practicing allowance in accordance with the original appointment letter. Admittedly, after provincilisation of the Homeopathic Medical Colleges of the State, the teaching and non-teaching staff of the Medical Colleges became the State employees and were entitled to the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, gratuity and other matters as they would have held if this Act had not come into force and shall continue to do so, unless and until their employment is duly terminated or until their remuneration, terms and conditions are duly altered by the State Government.;