- (1.) This application is at the instance of an Officer of the respondent no.1 and is filed for issuance of a writ in the nature of mandamus commanding the respondents to grant Non-Practising Allowances (henceforth shall be called 'NPA') to the petitioner w.e.f. April 23, 2002 and other consequential reliefs.
(2.) By an order dated May 17, 2002, the Vice Chancellor of the respondent university notified that the NPA was granted to the teachers and the officers possessing B.V.Sc. & A.H. Degree of the West Bengal University of Animal & Fishery Sciences as per the rate approved by the State Government in terms of notification. Thereafter, the officers and scientists of the West Bengal University of Animal & Fishery Sciences were entitled to get NPA in terms of the Order No.W.B.U.A.F.S./Estb./NPA-9/883 dated May 31, 2002. Thereafter, the Government of West Bengal refused to grant NPA to the officers of the West Bengal University of Animal & Fishery Sciences by a Memo dated August 19, 2002. The respondent university thereafter withdrew the NPA granted in favour of the Veterinary Teachers and Officers. The teachers of the respondent university filed a writ case and the said writ petitioner was allowed on December 15, 2005 directing that the teachers of the respondent university would get NPA and the appeal preferred against the order dated December 15, 2005 by the State was dismissed.
(3.) By a notification dated May 22, 2008, the State of West Bengal allowed NPA in favour of the Veterinary Doctors who are not permitted to exercise option for private practice. By a notification dated September 26, 2008, the teachers of the respondent university were also allowed to draw the NPA but the officers of the respondent university were denied such benefits. Thereafter, the officers of the respondent university submitted a representation before the authority concerned for granting NPA but not considered. So, the writ petition has been preferred. The respondent university and the State of West Bengal are contesting the writ petition. It is the contention of the respondent university that the application is barred by limitation and at best, the Government may be directed to pass necessary orders. The university is to proceed according to the decision of the Government only.;