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5. It appears that earlier also one writ petition being Special Civil Application No.9615 of 2006 was preferred and the State Government was directed to consider the case of the petitioners by passing reasoned order to which learned Single Judge has made detailed reference in paragraph 4 of the judgment but according to the State Government the C/LPA/77/2018 JUDGMENT petitioners were not entitled to NPPA as a part of 'basic pay' since it forms part of allowance and allowance does not become a right. Thus, since NPPA was not the 'basic pay', 50% or 100% amount of NPPA cannot be included in the 'basic pay' and thus, it cannot be taken into account for the purpose of dearness pay.

8. As against above, Mr.N.K.Majmudar, learned advocate appearing for the respondent-original petitioners would contend that learned Single Judge has threadbare considered all provisions of Gujarat Civil Services (Revision of Pay) Rules, 1987, subsequent Government Resolutions governing the subject matter. He also submitted that learned Single Judge has also considered The Gujarat Civil Services (Revision of Pay) Rules, 1998, The Gujarat Civil Services (Revision of Pay) Rules, 2009 and relevant Government Resolutions and Office Memorandum dated 7.6.2004 and 6.10.2004 issued by the Ministry of Finance, Government of India about merger of 50% of dearness allowance/ dearness relief with basic/pension of C/LPA/77/2018 JUDGMENT Central Government employees and clarification made in this regard and even last office memorandum dated 7.7.2017 at the time of revising rates of NPPA in respect of medical posts after recommendations of 7th Central Pay Commission and most importantly, Government Resolution dated 25.6.2010 issued by Finance Department, Government of Gujarat, for revision of rates of NPPA upon acceptance of 6th Central Pay Commission to be paid to medical officers in the State, where NPPA will be treated as Pay for the purpose of computing dearness allowance, entitlement of travelling allowance and other allowances as well as for calculation of retirement benefits.

9.13 For our purpose Rule 3 (10) viz. Revised Emoluments includes revised NPA. Rule 7 is about fixation of initial pay in the revised pay structure and para (A) is applicable in case of all employees, while para (B) of the above Rule will apply to any other employees, who are in receipt of NPA.

9.14 In view of 6th Central Pay Commission, revision of NPPA paid to the medical officer by Resolution dated 25.6.2010, of Finance Department, Gujarat, it was clarified that eligible medical officer to continue to receive NPPA at the existing rate of 25% of the Basic subject to certain conditions, which also defines Basic Pay, NPPA and particularly Clause (4) provides the NPPA will be treated as pay for the purpose of computing Dearness Allowance, entitlement of Travelling Allowance and other allowances as well as calculation of retiral benefits. Annexure-1 contains the manner in which the initial pay is to be fixed in the revised pay structure of Medical Officer.

9.18 From a conjoint and collective reading of the above provisions of Revision of Pay Rules, Government Resolutions of State of Gujarat and Office Memorandums issued by the Government of India, it emerges on record that a policy of granting compensatory allowance to medical practitioners due to loss of private practice introduced by the State of Gujarat by passing a Government Resolution dated 27.10.1965 continued from time to time except for the period between 1.4.2004 and 31.3.2009. We have exhaustively referred to facts recorded by learned Single Judge and findings arrived about statutory recognition given to non-practicing allowance for the purpose of inclusion in the revision of pay scale and for consequential benefits since Revision of Pay Rules, 1987 came into force. That anomaly crept in by adopting incorrect method of calculation which forms part of order dated 22.1.2008 passed by the State Government interpreting Rule 11 of Chapter III of GSCR (Additions to Pay) 2002 making some clarification that NPPA cannot be treated and termed as 'basic pay' and, therefore, NPPA cannot be merged in basic pay for arriving at the dearness pay. The above reasoning falls flat on the ground that Government of India in its memorandum dated 8.10.2004 added full NPPA to the 'basic pay' and 50% amount of total of it is arrived at as the amount of dearness pay and on the 'basic pay' plus 'dearness pay', 25% NPPA is sanctioned.