JUDGMENT

S.B. Sinha, J.-This appeal is directed against a judgment and order dated 7.8.1998 passed by a Division Bench of the Gauhati High Court, in Writ Appeal No. 6 of 1998 whereby and whereunder it refused to interfere with the judgment and order passed by a learned Single Judge of the said Court allowing a writ petition filed by the respondent herein.

2. The respondent was appointed as Research Assistant (H) with the Central Council for Research in Homeopathy on or about 28.09.1987 in the pre-revised pay scale of Rs. 425-700/- (revised 1400-2300/-. He had been getting Non-Practicing Allowance (NPA) at the rate of Rs. 75/- in the pre-revised scale of pay. The doctors and physicians, however, were getting Non-Practicing Allowance in the pre-revised pay scale at the rate of Rs. 150/-. Non-Practicing Allowance of the doctors and physicians in the pay scale of Rs. 2000-3500/- was revised with effect from 1.1.1986 in terms of an order of the Government of India dated 27.02.1991. A representation was made by the respondent claiming the enhanced rate of Non-Practicing Allowance which was not allowed. A writ petition thereafter was filed by the respondent herein before the High Court pray