- (1.) HEARD the parties.
(2.) THE writ petitioner, while posted as District T.B. Medical Officer at Hazaribagh, retired from service on 31/03/1999. Her prayer in this writ petition is to quash the letter No. 3 -M -2 -5 Bhatta 12/99 Khand II -2064 dated 28/03/2000, issued by the Special Secretary, Finance Department, Government of Bihar, Patna, fixing the implementation of the Scheme for payment of non - practicing allowance w.e.f. 01/04/2000 by changing the resolution of the State Government where it was to be made effective w.e.f. 26/05/1998 and further prayer is to direct the respondents to pay her the non -practicing allowance at the rate recommended by the Fitment Committee for the period from 26/05/1998 to 31/03/1999, i.e. till her superannuation. According to the petitioner, the Government of Bihar, Department of Health, Medical Education and Family Welfare issued a notification on 26/05/1998, contained in Annexure -1, putting a ban on the private practice by the Government Doctors with immediate effect making provision for non - practicing allowance in lieu thereof. The rate of non - practicing allowance was to be decided on the recommendation of the Fitment Committee, to be constituted by the State Government. Further case of the petitioner is that pursuant to the said notification (Annexure -1), she stopped her private practice and ultimately she retired from service on 31/03/1999.
(3.) THE claim of the petitioner is that she is entitled to be paid the non -practicing allowance from the date of issuance of the notification dated 26/05/1998 vide Annexure -1 till the date of her superannuation, i.e. in between the period from 2/05/1998 to 31/03/1999, i.e. for about 10 months.;