Mohinder Pal, J. - (1.) DR . Inder Bala Malhotra (Petitioner) retired from Haryana Power Generation Corporation Limited (for short 'the Corporation') with effect from October 31, 2001, on attaining the age of 58 years and after putting in twenty and a half years' service. Her pensionary benefits were calculated and released by including the Non Practising Allowance (for short 'N.P.A.') of Rs. 900/ - per month, being paid to Doctors in lieu of private practise. Vide Circular dated April 09, 2001 (Annexure P -1), issued by the Financial Commissioner and Secretary to Government Haryana, Finance Department, N.P.A. of the Doctors was revised with effect from April 01, 2001. The Corporation adopted the Circular (Annexure P -1) vide order dated June 18, 2003 (Annexure P -3). The petitioner's N.P.A. was increased from Rs. 900/ - to Rs. 2,500/ - with effect from April 01, 2001 as per Circular dated April 09, 2001 (Annexure P -1), adopted by the Corporation. However, the Corporation ordered recovery of Rs. 46,189/ - from the petitioner on account her pension having been calculated and paid by including the N.P.A. from November 01, 2001 to July 31, 2003.
(2.) IT is the case of the petitioner that she is entitled to the arrears and revised pension by calculating the N.P.A. at the rate of Rs. 2500/ - instead of Rs. 900/ - per month as per the Circular (Annexure P -1). On May 24, 2004, when notice of motion was issued to the respondents, recovery from the petitioner was stayed.
(3.) IN the written statement filed by the Corporation, it has been pleaded that as per para No. 5 of the Circular (Annexure P -1), N.P.A. is to be treated part of the pay for purposes of D.A., entitlement of loan and advances and T.A./D.A. only. Therefore, pension of the petitioner was re -calculated in view of Annexure P -1, vide which the N.P.A. will not form a part of emoluments for the purposes of calculation of pensionary benefits, and after adjusting the increased N.P.A., recovery of Rs. 46,189/ - is due from her. It has been further stated that the petitioner is now receiving the pension as per the Circular (Annexure P -1).;