- (1.) THIS appeal is directed against an order dated December 22, 1999 passed in an application under article 226 of the constitution of India being C. O. No. 13728 (W) of 1992. By the aforesaid impugned order the learned Single Judge held that the writ petitioner/respondent no. 1 was entitled to his pensionary benefits taking into account that the petitioner was entitled to non-practicing allowance @ Rs. 150/- per month, post graduate allowance @ Rs. 50 per month and five years' additional qualifying service.
(2.) THE writ petitioner/respondent no. 1 was a retired Medical Officer of the appellant no. 3, namely, Indian Institute of Technology, Kharagpur, District Purba Midnapore. He retired from the above services on attaining the age of retirement on superannuation on January 31, above writ application being C. O. No. 13728 (W) of 1992 for a direction upon the respondent authorities to take into account (i) non-practicing allowance @ Rs. 950 per month, (ii) Post Graduate Allowance @ Rs. 50/- per month and (iii) five years' additional qualifying service for calculating his pensionary benefits. The above writ application was allowed on December 22, 1998 holding that the respondent no. 1 was entitled to aforesaid three benefits. The appellants filed this appeal challenging the above judgment and order.
(3.) ACCORDING to the appellants, non-practicing allowance @ Rs. 900/-per month was given to the respondent no. 1 in terms of notification dated December 18, 1987 issued by the Government of India. Subsequently, the above non-practicing allowance was revised. Accordingly, the board of governors of the appellant no. 3 adopted a resolution in its 113th meeting held on October 31, 1991 approving payment of revised non-practicing allowance to the Medical Officers subject to the confirmation of the date of implementation by the Ministry of Human Resource and Development, Government of India. In terms of the above resolution the appellant no. 3 sought for an approval from the Ministry of Human Resources and Development. But no reply was received in this regard.;