Back
IN THE HIGH COURT OF DELHI
Manmohan, Navin Chawla, JJ.
Naveen Tyagi - Appellant
Versus
Union of India - Respondent
W.P.(C) 11549 of 2021
Decided On : 08-10-2021
The court mandates a governmental response to a representation challenging the effective date and cap on Non-Practicing Allowance, requiring a reasoned order within a specified timeframe.
Headnote:(A) Non-Practicing Allowance - Challenge to order regarding effective date and cap on allowance - Petition seeks higher basic pay and NPA treatment for allowance calculations as per previous ruling of the Apex Court. (Paras 3, 5)
(B) Representation - Court directs respondent to adjudicate petitioner's representation in a reasoned manner within twelve weeks. (Para 5)
Facts of the case:
The petitioner challenges the effective date of revised NPA and seeks its treatment as pay for allowance calculations, alleging inaction by the respondents on a representation.
Findings of Court:
Writ petition disposed of with direction for a reasoned order on the petitioner's representation within the specified time.
Issues: The core issues pertained to the challenge against the effective date of NPA and the cap on the allowance.
Ratio Decidendi: The court mandates that the respondent must address the representation to rectify the alleged illegalities in accordance with law, leaving all rights of parties open.
Result: Petition disposed of.
| Table of Content |
|---|
| 1. application allowed with exceptions (Para 1 , 2) |
| 2. fixing of non-practicing allowance (Para 3) |
| 3. representation for rectification ignored (Para 4) |
| 4. decision directive on representation (Para 5) |
JUDGMENT
Manmohan, J. (Oral)
CM APPL. 35645/2021
1. Allowed, subject to all just exceptions.
2. Accordingly, the application stands disposed of.
W.P.(C).11549/2021
3. Present writ petition has been filed challenging the order dated 7th July 2017 to the extent it provides that the revised rate of Non-Practicing Allowance [NPA] shall take effect only from 01st July 2017 and that to, to the extent that the sum of basic pay and NPA does not exceed Rs.2,37,500/-. Petitioner also seeks direction to the Respondents to fix the basic pay plus NPA of Doctors at Rs. 2,49,000/- and treat the NPA as pay for all percentage-based allowances and grant the same to the Petitioner w.e.f 01st June, 2016. Petitioner further seeks direction that the benefit of revised rate of non-practicing allowance on revised pay scale under the 7th CPC should be given effect from 01st January 2016 as held by the Apex Court in the case of Union of India and Ors. Vs. Balbir Singh Turn & Anr., (2018) 11 SCC 99.
4. Learned counsel for the Petitioner points out that the Petitioner had submitted a representation dated 17th May, 2021 asking the Respondents to rectify the illegalities and allow the NPA to be treated as pay for the purpose of all allowances and to remove the restriction/cap of Rs.2,37,500/-. However, he states that the Respondents have failed to act upon the aforesaid representation till date.
5. Keeping in view the aforesaid, present writ petition is disposed of with a direction to respondent no.1 to decide the representation of the Petitioner dated 17th May, 2021 by way of a reasoned order within twelve weeks in accordance with law. It is clarified that this Court has not commented on the merit of the controversy. The rights and contentions of all the parties are left open.
