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Showing contexts for: nppa in Gunvantrai Narmadashankar Vyas & 4 vs State Of Gujarat & 2 on 28 March, 2016Matching Fragments
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.
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.
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 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.