DR. S.C. ANEJA AND OTHERS Vs. STATE OF PUNJAB AND OTHERS
LAWS(P&H)-2016-8-48
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 19,2016

Dr. S.C. Aneja And Others Appellant
VERSUS
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

KULDIP SINGH, J. - (1.) Brief facts of this case are that the petitioners were retired on attaining the age of superannuation while working as an Assistant Director, Animal Husbandry Directorate of Punjab on different dates between 2004 to 2010. The petitioners challenge the notification dated 20.05.2011 (Annexure P-8) vide which the Non Practicing Allowance (NPA) was allowed to the Veterinary Doctors w.e.f. 01.07.2011. The claim of the petitioners is that it should have been given w.e.f. 01.01.2006 i.e. the date when the report of 5th Pay Commission was implemented.
(2.) The short history is that the PCMS Doctors were granted NPA whereas the same was not extended to the Ayurvedic, Homeopathetic and Veterinary Doctors. The demand was raised before the 5th Pay Commission which in para 6.69 made recommendation for grant of NPA to the Ayurvedic, Homeopathetic and Veterinary Doctors at the rate of 25% of the basic pay on the Central Government pattern as allowed to the PCMS Doctors. Accordingly, the Government issued the notification dated 20.05.2011 (Annexure P-8) whereby while accepting the recommendation of 5th Pay Commission, NPA was allowed to the Veterinary Doctors, having certain qualification w.e.f. 01.07.2011. This is not acceptable to the petitioners who claim that it should be implemented w.e.f 01.01.2016.
(3.) I have heard learned counsel for both the parties.;


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