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2008 Supreme(Guj) 1

JAYANT PATEL
Chitra M. Prakashker – Appellant
Versus
State Of Gujarat – Respondent


Advocates appeared:
Kamal Trivedi, S.J. Gaekwad, Sangeeta Vishen.

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 "conduct rules" for the sake of convenience), gujarat Civil Services (General conditions of Services) Rules, 2002 (hereinafter referred to as the "general rules" for the sake of convenience), and gujarat Civil Services (Pension) Rules, 2002 (hereinafter referred to as the "pension Rules" 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-Practising Allowance (hereinafter referred to as "npa" 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 on the g













































































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