Gujarat High Court
Gunvantrai Narmadashankar Vyas & 4 vs State Of Gujarat & 2 on 28 March, 2016
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
C/SCA/10953/2014 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 10953 of 2014
With
SPECIAL CIVIL APPLICATION NO. 12238 of 2014
TO
SPECIAL CIVIL APPLICATION NO. 12278 of 2014
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE J.B.PARDIWALA
==========================================================
1 Whether Reporters of Local Papers may be allowed to see the judgment ? NO 2 To be referred to the Reporter or not ?
NO
3 Whether their Lordships wish to see the fair copy of the
judgment ? NO
4 Whether this case involves a substantial question of law
as to the interpretation of the Constitution of India or NO any order made thereunder ?
========================================================== GUNVANTRAI NARMADASHANKAR VYAS & 41....Petitioner(s) Versus STATE OF GUJARAT & 2....Respondent(s) ========================================================== Appearance:
MR GAURAV K MEHTA, ADVOCATE for the Petitioner(s) No. 1 - 42 MR UTKARSH SHARMA, AGP for the Respondent(s) No. 1 - 3 RULE SERVED for the Respondent(s) No. 2 - 3 ========================================================== CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA Page 1 of 15 HC-NIC Page 1 of 15 Created On Thu Apr 14 00:36:49 IST 2016 C/SCA/10953/2014 JUDGMENT Date : 28/03/2016 ORAL COMMON JUDGMENT 1 Since the issues raised in all the captioned writ applications are more or less the same, those were heard analogously and are being disposed of by this common judgment and order.
2 For the sake of convenience, the Special Civil Application No.10953 of 2014 is treated as the lead matter.
3 By this writ application under Article 226 of the Constitution of India, the petitioners - retired Live Stock Inspectors and Extension Officers have prayed for the following reliefs:
"7(A) Your Lordships may be pleased to admit and allow this petition.
(B) Your Lordships may be pleased to issue appropriate writ, order or direction for quashing and setting aside the illegal, arbitrary, discriminatory action for not deciding / fixing / and releasing the amount of pension and other retirement benefits including 15% NPPA and Your Lordships may be pleased to hold the said action on the part of respondent authority is bad in law.
(C) Your Lordships further be pleased to direct the respondent authorities to decide / to fix and to release the final amount of pension and other retirement benefits as per the Sixth Pay Commission including 15% NPPA in favour of the petitioners. Further, Your Lordships may be pleased to direct the concerned authorities to publish appropriate resolutions with regard to extending benefit of 15% NPPA for which the petitioner are entitled.
(D) Such other and further relief/s which the Honourable Court may deem fit, just and proper be granted in the facts and circumstances of the present case and in the interest of justice;"
4 The facts of this case may be summarized as under:
4.1 The petitioners are retired Live Stock Inspectors (Class - III) and Page 2 of 15 HC-NIC Page 2 of 15 Created On Thu Apr 14 00:36:49 IST 2016 C/SCA/10953/2014 JUDGMENT Extension Officers. They were working in the Animal Husbandry and Veterinary Department. It is the case of the petitioners that as they were not permitted to practice, they were given the NonPrivate Practicing Allowance (N.P.P.A.) in the form of compensatory amount according to the Government Resolution dated 23rd July, 1971. It is their case that lastly, the employees of Class -I and II cadres were given 25% N.P.P.A., and the employees of Class - III cadre were given 15% N.P.P.A according to the resolution.
4.2 The petitioners are paid the provisional pension including the benefit of 15% N.P.P.A. according to the Fifth Pay Commission. It is their case that some of the employees of Class - III cadre have been provided with the benefit of 15% N.P.P.A., and the amount towards final pension has already been released according to the Sixth Pay Commission. It is also their case that the respondent No.2 - Director recommended by way of a letter dated 13th May, 2014 the grant of the N.P.P.A. It is the case of the petitioners that although they have retired from service, yet their pension has not been fixed in consonance with the Sixth Pay Commission on account of the dispute regarding the entitlement to receive the N.P.P.A. 5 Mr. Mehta, the learned counsel appearing for the petitioners submitted that the inaction on the part of the authorities in not sanctioning the pension with 15% N.P.P.A. is violative of the constitutional provisions. He submitted that in the case of identically situated thirty two employees of the Class - III, who retired in 201011, the retiral benefits have already been paid in accordance with the Sixth Pay Commission which includes 15% N.P.P.A. In the case of the present petitioners, no retiral dues have been paid, except a meagre amount, Page 3 of 15 HC-NIC Page 3 of 15 Created On Thu Apr 14 00:36:49 IST 2016 C/SCA/10953/2014 JUDGMENT and that too provisional, according to the Fifth Pay Commission.
6 In such circumstances referred to above, Mr. Mehta prays that there being merit in all the writ applications, the same be allowed and the relief, as prayed for, be granted.
7 On the other hand, all the writ applications have been vehemently opposed by the learned Assistant Government Pleader appearing for the State - respondent. The learned Assistant Government Pleader submitted that the petitioners are not entitled to the N.P.P.A. at the rate of 15%. An affidavitinreply has been filed duly affirmed by the Administrative Officer inter alia stating as under:
"5 I respectfully say and submit that as per Government of Gujarat Finance Department Resolution No.(GN8) PGR10092Pay Cell(m) dated 27.02.2009 the pay of all the petitioners revised with the benefit of NPPA, by this department. However, the Audit Office that is the office of the Examiner Local Fund, Gandhinagar raised objections that the NPPA should be authorized by a separate Government order and without such authentication, audit has not approved the fixation of pay of the petitioners and without audit approval, pension cases of the petitioners cannot be submitted to the Director of Pension and Provident Fund, Gandhinagar for final pension, commuted value of pension and Gratuity payment as per sixth commission. A copy of the Government Resolution dated 27.02.2009 is annexed herewith and marked as AnnexureR1.
6 I respectfully say and submit that the Government of Gujarat, Finance Department authorized the NPPA at 25% of the pay vide resolution no.PGR/1009/9/Pay cell (M) dated 03.10.2012 to class I and Class II Veterinary Officer of Animal Husbandry Department only, and their pay fixation with NPPA is authorized by the audit officer accordingly and hence submitted to the Director of Pension and Provident Fund for final pension payment and the pension is sanctioned by the DPP as per Sixth pay commission, while petitioners are class III employees and no Government Resolution authorizing NPPA under Sixth Pay commission is issued up to this date and for that reason their pay fixation with NPPA is not authorized by the audit officer and without such authorization their pension cases cannot be sent to Director of Pension and Provident Fund for final pension payment.
7 I respectfully say and submit that in 5th pay commission 15% NPPA
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was sanctioned for these class III para veterinarian employees as per Government Resolution of Agriculture & Cooperation Department dated 22.06.1999. I further respectfully say and submit that the State Government has sanctioned revised pay scale and certain allowances in 6th pay commission. The State Government has accepted recommendation of 6th pay commission. The petitioners were given pay scale as per recommendation of 6th pay commission i.e. Rs.520020200 grade pay 2400 against Rs.4000100600 in the 5th pay commission for Live Stock Inspector and Rs.520020200 grade pay 2800 against Rs.45001257000 in the 5th pay commission for Extension Officer.
8 I respectfully say and submit that as these class III employees were enjoying benefit of 15% NPPA in the 5th pay commission their association demanded to sanction 15% NPPA in the 6th pay commission vide letter dated 02.12.2010. A copy of the said letter dated 02.12.2010 is annexed herewith and marked as AnnexureRII. It is further submitted that the department of Animal Husbandry has forwarded their application to Government for taking decision to sanction of 15% NPPA as it was sanctioned in 5th pay commission. The copy of the letter dated 29.12.2010 is annexed herewith and marked as AnnexureRIII.
9 I respectfully say and submit that the Government asked that at which rates NPPA is being sanctioned for this cadre in other states of the country. The department of Animal Husbandry collected information from various states of country as Government has accepted most recommendation as per Central Government Pay Commission which is annexed herewith and marked as AnnexureRIV. I further respectfully submitted that neither in the Central Government nor in the other State of the Country these kind of para veterinary cadres were being given benefit of N.P.P.A. The letters from different states are annexed herewith and marked as Annexure RV (Collectively).
10 I respectfully say and submit that as per Gujarat Veterinary Council Act, these cadres can do only minor veterinary services under supervision & guidelines of registered veterinary practitioner under rule 30(b) and the same is annexed herewith and marked as Annexure RVI. It is further submitted that after considering the above information, Government has not sanctioned NPPA to these class III para veterinarian posts in 6th pay commission. It is further submitted that class I and Class II cadres are veterinary doctors and registered by veterinary counsel. They have been sanctioned 25% NPPA in parity of Central Government doctors. The registered doctors are also getting NPPA in other states of the country. The Government has sanctioned NPPA to veterinary doctors vide Government Resolution of Finance Department dated 3rd October, 2012, hence case of class 1 and 2 officers cannot be compared with these class 3 cadres.
11 I respectfully say and submit that it is true that this department
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has fixed the pay of the petitioners with 15% NPPA but the same was not approved by the Audit Office that is Examiner Local Fund Audit Gandhinagar and for that reason they are not availing the benefit of final pension as per 6th pay commission. Audit Officer insists on the separate government resolution sanctioning NPPA to Class III employees of the department.
12 I respectfully say and submit that the Government of Gujarat, Finance Department vide resolution No.PGR/1009/pay cell (M) dated 03.10.2012) authorize 25% of pay as NPPA to class I & II officers of department, hence their pay fixation with NPPA is approved by the audit office i.e. Examiner Local Fund Audit, Gandhinagar, and hence entitle for final pension as per 6th pay commission.
In this connection as the Government has rejected the demand of granting NPPA to these employees hence this directorate vide its order No.Prash/cc/86/2014/60/15 dated 20.01.2015. Issues instructions to withdraw benefit of NPPA to these employees (Annexure).
Accordingly the pay fixation of all these employees on duty as well as retired employees is to be revised withdrawing the benefit of NPPA and after that the process of recoveries of overpaid amount will be carried out.
13 I respectfully say and submit that it is true that this department has received the representations from the petitioners. But to satisfy their demand, a separate government resolution under 6th pay commission sanctioning NPPA to the Class III employees of this department is required and this directorate has forwarded their representation to the government for necessary action. I further say that now the Government has taken decision on 29.09.2014 that the petitioners are not entitled for the NPPA as the Finance Department has not approved the NPPA proposal for all these employees. The copy of the letter dated 29.09.2014 is annexed herewith and marked as Annexure RVII.
14 I respectfully say and submit that this directions has fixed the pay of the petitioner with the benefit of 15% NPPA but the same is not approved by audit office i.e. Examiner Local Fund Office, Gandhinagar. The audit is insisting for a separate Government Resolution sanctioning NPPA. Without audit approval final pension case cannot be forwarded to director of pension and provident fund. And since the Government has taken decision to not give the benefit of NPPA to these employees it is not possible to accept their demand.
15 I respectfully say and submit the State Government, Finance Department vide resolution No.PGR/1009/pay cell (M) dated 03.01.2012 sanction 25% of pay as NPPA to class I and Class II officers of this department and their pay fixation has approved by the audit i.e. Examiner Page 6 of 15 HC-NIC Page 6 of 15 Created On Thu Apr 14 00:36:49 IST 2016 C/SCA/10953/2014 JUDGMENT Local Fund, Gandhinagar. While in the case of the petitioners, the pay of all the petitioners are fixed as per 6th pay commission norms including NPPA by this department, but audit has not approved due to absence of a separate resolution sanctioning NPPA. Hence such cases cannot be forwarded to DPP for sanctioning for final pension by this department. And now government has disapproved proposal of benefit of NPPA so this department cannot give this benefit.
16 I respectfully say and submit that the pensionary benefits are not sanctioned with 15% NPPA because of above describe and not because of any department proceedings either pending/initiated against the petitioners.
17 I further respectfully say and submit that the pension is to be paid immediately the employee retires and accordingly pension case is to be prepared prior 24 months of the date of the retirement of the employee. The word pension means whatever the amount of the employee entitles for, after the date of his/her retirement. In this case without audit authorization petitioners are not entitled to get pension with the benefit of NPPA under the 6th pay commission. The petitioners have to forgo NPPA and adjust the recovery of NPPA they received under the 6th pay commission against the final pension. They refused to do so and agreed for a provisional pension. While petitioner no.12, 19, 23, 25, 27, 29, 30, 38, 41 and 42 are receiving final pension (without NPPA) under 6th pay commission which is annexed herewith and marked as Annexure RVIII.
Accordingly all of the petitioners are receiving either final pension of provisional pension sanctioned by the directorate. The detailed list of provisional / final pension with order no. is attached herewith. All petitioners are receiving either provisional or final pension and they have received all the pensionary benefits for which they are entitle under the existing rules.
18 I respectfully say and submit that all petitioners have been sanctioned either final or provisional pension by this directorate because they are not entitled for pension with NPPA under the 6th pay commission due to audit objection raised by the audit office i.e. Examiner Local Fund Audit, Gandhinagar. Hence the petitioners are receiving all the benefits for which they are entitle under the existing rules.
19 I respectfully say and submit that it is true that some of the retired class III employees of this department whose pay was fixed with NPPA by this office were given the pensionary benefit with NPPA under 6th pay commission in earlier days when the pay verification of retired employee was carried out by directorate of pension and provident fund. But afterwards the pay verification is done by the audit office i.e. Examiner Local Fund Audit, Gandhinagar and the same has raised objection for a Page 7 of 15 HC-NIC Page 7 of 15 Created On Thu Apr 14 00:36:49 IST 2016 C/SCA/10953/2014 JUDGMENT separate Government order sanctioning to class III employee of this department. As at present the Government has decided not to give the benefit of NPPA to these employees this directorate has issued orders to revise their pay without benefit of NPPA and make all recoveries."
8 On 4th January, 2016, the following order was passed:
1. "Heard both the sides also took into account the affidavitinreply and further affidavit filed by the petitioners. It is the case of the petitioners that those of them who have retired on or before 29.09.2014 have been given retiral benefits of 6th Pay Commission including 15% NPPA and therefore, the petitioners cannot be discriminated as they have already been given benefits of 6th Pay Commission as well as 15% NPPA of the basic salary till the date of their retirement.
2. Learned AGP Shri Rashesh Rindani requests to take instructions. However, the State has no objection in paying pension to the present petitioners as it has also finalized the pension of some of the petitioners by giving them benefits of 6th Pay Commission sans 15% NPPA of the basic salary during the pendency of these petitions.
3. As the instructions are yet to be taken, the matters would likely to take some time. When the State has agreed to pay retiral dues and pension as per the benefits arising as per 6th Pay Commission minus 15% NPPA, as it has given to other 10 employees, who are petitioners herein, let such exercise be completed within 8 weeks from today.
4. RULE, returnable on 8th March, 2016.
5. Learned AGP Shri Rindani waives service of notice of Rule for Respondent State.
6. Necessary instructions coupled with the fact that additional affidavit, if needed, shall be filed before this Court on or before next date of hearing."
9 Having heard the learned counsel appearing for the parties and having considered the materials on record, the only question that falls for my consideration is whether the petitioners are entitled to the relief, as prayed for, in these writ applications.
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10 It appears from the stance of the State respondent that in
accordance with the Government Resolution dated 27th February 2009, the pay of all the petitioners was revised with the benefit of the N.P.P.A. by the department. However, the audit office raised an objection that for the purpose of grant of the benefit of the N.P.P.A., a separate Government order is necessary. In the absence of the same, the pension of the petitioners cannot be fixed giving the benefit of the N.P.P.A. at the rate of 15%. It also appears that the employees of Class - I and Class - II have been sanctioned the benefit of the N.P.P.A. at the rate of 25% of the pay vide resolution dated 3rd October, 20212. The petitioners being Class - III employees and there being no Government Resolution authorizing the N.P.P.A under the Sixth Pay Commission, the same has not been granted. It also appears as pointed in the reply that the petitioners were extended the benefit of 15% N.P.P.A. in the Fifth Pay Commission.
11 It also appears that the Government has taken the decision dated 29th September, 2014 that the petitioners are not entitled to the N.P.P.A. as the Finance Department has not approved the proposal. Although the Directorate fixed the pay of the petitioners with the benefit of 15% N.P.P.A., but the Local Fund Office at Gandhinagar rejected the same insisting for a separate Government Resolution.
12 There is no explanation at the end of the State respondent as to how identically situated thirty two employees of Class - III, who retired during 201011, have been paid the retiral benefits in accordance with the Sixth Pay Commission which includes 15% N.P.P.A. There is no explanation as regards such discrimination.
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13 In the aforesaid background, I may, once again, at the cost of
repetition, quote what has been stated in the reply in para - 19, which reads as under:
"19 I respectfully say and submit that it is true that some of the retired class III employees of this department whose pay was fixed with NPPA by this office were given the pensionary benefit with NPPA under 6 th pay commission in earlier days when the pay verification of retired employee was carried out by directorate of pension and provident fund. But afterwards the pay verification is done by the audit office i.e. Examiner Local Fund Audit, Gandhinagar and the same has raised objection for a separate Government order sanctioning to class III employee of this department. As at present the Government has decided not to give the benefit of NPPA to these employees this directorate has issued orders to revise their pay without benefit of NPPA and make all recoveries."
14 What is the concept of the NonPrivate Practicing Allowance? It is obvious that the NonPrivate Practicing Allowance is an incentive given to the employees to ensure that they work in the government institution and do not indulge in the private practice. It is not in dispute that the petitioners herein were debarred from the private practice. They received the N.P.P.A. at the rate of 15% in accordance with the Fifth Pay Commission recommendations. There was no objection at any point of time in this regard either at the end of the Local fund Office or any other authority. I see no good reason to deny the benefit of the N.P.P.A., now at this stage, on the premise that there is no separate resolution in that regard issued by the State Government. The resolution of 16 th April, 1980 issued by the State Government reads as under:
"RESOLUTION In partial modification of the orders issued vide para 3 of Government Resolution Agricultural, Forests and Cooperation Department No.AHS5075/8177R dated 201275 referred to in the preamble, Government is pleased to direct that all Livestock Inspector when Page 10 of 15 HC-NIC Page 10 of 15 Created On Thu Apr 14 00:36:49 IST 2016 C/SCA/10953/2014 JUDGMENT appointed to the posts which carry the pay scale of the Livestock Inspector and belong to the cadre of Livestock Inspectors and not attached to the Veterinary Dispensaries / Veterinary Aid Centres should be allowed non private practising allowance of Rs.40/ (Rupees forty only) per month.
2. These orders should take effect from 111980.
3. This issue with the concurrence of Finance Deptt. dated 1911980 on this department file of even number.
By order and in the name of the Governor of Gujarat."
15 The Government Resolution dated 22nd June, 1999 provides that the N.P.P.A would form part of the pay scale.
16 The free English translation of the Government Resolution dated 22nd June, 1999 reads as under:
"It is resolved after due thought process to sanction/to pay the Non private practice allowance at the rate of 15% of the basic salary in the revised pay scale with effect from 1.1.1996, to the employees who are serving under the animal husbandry department of the state or to the employees who are on the deputation from the said department to the district panchayat, corporation/ board or district rural development agency, who are not permitted to do private practice and who are qualified and having certificates as live stock inspector duly recognized by the animal husbandry department and Gujarat agriculture university and also to those who are promoted as a extension officer (animal husbandry) from the live stock inspector.
2 Non private practice allowance should be considered as a salary in respect of computing all service related benefits and also for the purpose of the pension.
3 The non private practice allowance will be given with effect from
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1.1.1996; or from the date of acceptance of revised pay scale by the live stock inspector and extension officer (animal husbandry).
4 The Non Private Practice Allowance will be adjusted with the earlier paid Non Private Practice Allowance as per the instructions issued vide circular dated 5.2.1998 issued by finance department as referred at serial no.6 herein above.
Moreover, as recommended under the fifth pay scale commission, the 15% of the amount of arrears which are, liable to be received for the period of 1.1.96 to 31.12.96; will be deposited into the GPF account of respective employee and remaining 15% of the amount of arrears will be paid in cash to the respective employee of the animal husbandry department.
5 The employees who are eligible to get 15% non private practice allowance, before presenting the claim about the non private practice allowance has to submit the certificate stating that during the month he has not done any private practice or he has not received any amount of rupees by doing private practice, before the relevant concerned officer or before the senior officer. And in case of any event, and if it is came to knowledge of the concerned officer that the employee who has received non private practice allowance and also the said employee has received any amount of money by doing private practice and if it is proved then without following the process under the Gujarat civil services (discipline and appeal rules, 1971), whole amount will be recovered which is received as non private practice allowance from 1.1.96 and such type of written undertaking has to be submitted by the live stock inspector and extension officer and moreover concerned employee would be charged under the provision of Gujarat civil services (discipline and appeal) rules, 1971.
6 This resolution is published and declared on the basis of the
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permission received vide permission letter dated 6.6.99 issued from the finance department."
17 The Government Resolution dated 3rd October, 2012, with respect to the Sixth Central Pay Commission Revision of rates of N.P.P.A. being paid to the veterinary officers of the Gujarat Animal Service, Class I & II, reads as under:
"RESOLUTION Consequent upon the introduction of revised structure under the Gujarat Civil Services (Revision of Pay) Rules, 2009 with effect from 11 2006, Government is pleased to decide the NonPrivate Practicing Allowance (NPPA) may continue to be paid to the Veterinary Officers of Gujarat Animal Service under Animal Husbandry Department at the existing rate of 25% of the Basic Pay subject to the condition that the Basic Pay + NPPA does not exceed Rs.75500/ for the period 112006 to 114 2012 and Rs.85000/ with effect from 1242012.
2 The term "Basic Pay" in the revised pay structure means the pay drawn in the prescribed pay band plus the applicable grade pay but does not include any other of pay like special pay etc. 3 The NPPA should be restricted only to those Veterinary Officers for which minimum qualifications of a Degree of B.V.Sc. & A.H. With registration in the Veterinary Council of India is required.
4 While submitting their claim for NPPA, each Veterinary Officers and Gujarat Animal Service Class I and Class II Officers who are entitled for NPPA shall have to submit to the higher authority / drawing and Disbursing Officer, the Certificate to the effect that he has not done any kind of private practice and have not collected any type of fees from anyone during the month of each claim he submits for NPPA.
If it is noticed or proved at any time that the officer has charged fees from anyone or has received money for private practice then without following disciplinary procedure under the provisions of Gujarat Civil Services (Discipline and Appeal) Rules, 1971, he shall be liable for recovery of NPPA in a single installment from 01/01/2006 up to the date it is proved to have done so. He shall have to give written undertaking in this regard.
5 The NonPrivate Practicing Allowance will be treated as pay for the purpose of computing Dearness Allowance, entitlement of Travelling Page 13 of 15 HC-NIC Page 13 of 15 Created On Thu Apr 14 00:36:49 IST 2016 C/SCA/10953/2014 JUDGMENT Allowance and other allowances as well as for calculation of retirement benefits.
6 The Veterinary Officers who are in State Government's service under Animal Husbandry Department and Gujarat Animal Services ClassI & II shall be eligible for N.P.P.A. 7 NonPrivate Practicing Allowance of the Veterinary Officer who are in service under Animal Husbandry Department and Gujarat Animal Service. Class - I & II shall be regulated as per Finance Department's orders dated : 25th June, 2010, 1st September, 2010, 22nd November, 2001 and 12th April, 2012.
By order and in the name of the Governor of Gujarat."
18 I am not impressed by the submission canvassed on behalf of the State Government that the petitioners are not entitled to the benefit of the N.P.P.A. since they rendered only minor veterinary service and that too under the supervision and guidelines of the registered veterinary practitioners. The Government Resolution dated 22nd June, 1999 speaks about employees, who are serving under the Animal Husbandry Department. Such resolution does not speak about any minor veterinary service or the like. The petitioners all retired as Live Stock Inspectors. They were recognized by the Animal Husbandry Department. While giving benefit of the N.P.P.A. along with the Fifth Pay Commission, the allowance was considered as a salary. The objection raised by the Audit Department appears to be flimsy and untenable, more particularly, when it is insisting for a separate resolution in this regard for the purpose of fixing the pension in accordance with the Sixth Pay Commission.
19 It is very surprising to note that all of a sudden, the State Government thought fit to inquire with other State Governments as regards their policies of providing the allowance in question is concerned. It appears that since other State Governments have not provided such allowance to the Live Stock Inspectors, the State of Page 14 of 15 HC-NIC Page 14 of 15 Created On Thu Apr 14 00:36:49 IST 2016 C/SCA/10953/2014 JUDGMENT Gujarat, all of a sudden, took a decision to fix the pension in accordance with the Sixth Pay Commission minus the N.P.P.A. 20 In my view, the petitioners are entitled to get their pay fixed in accordance with the Sixth Pay Commission recommendations with 15% N.P.P.A. 21 In the result, all these writ applications succeed and are allowed. The respondents are directed to fix the pension of the writ applicants in accordance with the Sixth Pay Commission recommendations with 15% N.P.P.A. The N.P.P.A. shall be treated as a part of the pay scale. Let this exercise be completed within a period of one month and the writ applicants be paid the difference towards the arrears within a period of one month thereafter. They shall be paid thereafter regular monthly pension accordingly. Rule is made absolute. Direct service is permitted.
(J.B.PARDIWALA, J.) chandresh Page 15 of 15 HC-NIC Page 15 of 15 Created On Thu Apr 14 00:36:49 IST 2016