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2008 Supreme(Guj) 3

JAYANT PATEL
CHITRA M. PRAKASHKER – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates appeared:
MR SJ GAEKWAD for Petitioner(s): 1 â 36.
MR KAMAL TRIVEDI, ADVOCATE GENERAL WITH MS SANGEETA VISHEN, AGP, for Respondent(s): 1,
NOTICE SERVED BY DS for Respondent(s): 1,

JUDGMENT

1. All in-service doctors, whose services are governed by various statutory Rules framed by the Government in exercise of the power under Article 309 of the Constitution, including that of Gujarat Civil Services (Conduct) Rules, 1971 (hereinafter referred to as the âSConduct Rulesâý for the sake of convenience), Gujarat Civil Services (General Conditions of Services) Rules, 2002 (hereinafter referred to as the âSGeneral Rulesâý for the sake of convenience), and Gujarat Civil Services (Pension) Rules, 2002 ((hereinafter referred to as the âSPension Rulesâý for the sake of convenience), have preferred all the petitions for challenging the policy of the State Government vide Resolution dated 29.3.2007 for discontinuing Non-Practicing Allowance (hereinafter referred to as âSNPAâý for the sake of convenience) and for permitting them for private practice after office hours. As the policy of the Government also provides for giving option to in-service doctors, who have completed 15 years of service for continuing with the NPA and/or for permission for private practice and as such options are not given to the petitioners, the said policy of the State Government is also challenged






















































































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