( 1 ) PURSUANT to an advertisement issued by the appellant, the respondent was selected and appointed as an Assistant Professor in the Department of Biophysics under the Himachal Pradesh Health Service Rules, 1974 (hereinafter referred to as the Rules ). On representation made by the appellant he was accorded higher initial pay at Rs. 1,100. 00 in the pay scale of Rs. 900-1300 with effect from 7/05/1977 in consultation with the Himachal Pradesh Public Service Commission and on issue of the same the order made on 21/07/1978 granting a non-practising allowance to the respondent was withdrawn.

( 2 ) THE respondent not being satisfied with the action taken by the appellant filed a writ petition which stood transferred to the Himachal Pradesh Administrative Tribunal (for short the Tribunal) for release of the non-practising allowance at the rate of 50 per cent of his basic pay subject to a maximum of Rs. 600. 00 per month. Rule 17 of the Rules provides that persons appointed to service shall not be allowed any kind of private practice and they shall be entitled to non-practising allowance. Note 2 to the said Rule 17 makes it clear that non-practising allowance will be admissible to thos