Tapabrata Chakraborty J. - (1.) An issue of discrimination decided in favour of the applicants/respondents herein by an order dated 3rd May, 2013 passed in an original application being O.A. 1093 of 2010 has been challenged by the petitioners through the present writ petition.
(2.) Mr. Mukherjee, learned advocate appearing for the petitioners has primarily argued that in the absence of challenge against the policy decision of the government and the clarificatory memorandum dated 23rd February, 2009 pertaining to the West Bengal Services (Revision of Pay & Allowance) Rules, 2009 and the allied matters dealt with by the Fifth Pay Commission, the learned Tribunal erred in law in setting aside the reasoned order dated 21st July, 2010 passed by the Principal Secretary, Health and Family Welfare Department, Government of West Bengal and directing the petitioners to grant the benefit of Non-Practicing Allowance (hereinafter referred to as NPA) to the respondents herein (hereinafter referred to as the applicants) being the doctors of Homoeopathic system of medicine at par with the doctors of Allopathic system of medicine.
(3.) According to Mr. Mukherjee, NPA was granted to the doctors employed by the State Government to compensate the loss they were likely to incur for not engaging in private practice. The apprehended loss of income through private practice by doctors of Allopathic system of medicine cannot be same as the apprehended loss of income through private practice by doctors of Homoeopathic system of medicine and as such the grant of NPA would vary among doctors of different cadres and different systems. Thus, by granting NPA at the rate of 25% of the basic pay drawn in favour of Allopathic doctors with effect from 1st December, 2006, no discrimination has been practiced.;