The main legal point established in the judgment is that the denial of the benefit of Non-Practicing Allowance to the petitioners based on their retirement date was arbitrary and not sustainable in law. The court emphasized that the petitioners were entitled to the benefit of the revised pay scale by taking NPA to be 25% of the basic pay, w.e.f. 01.01.1997 and thereafter, in terms of the Notifications issued by the State Government.

JUDGMENT

Ajay Mohan Goel, J. - By way of this petition, the petitioners have prayed for the following reliefs:

"(A) That the order dated 4th August, 2016, Annexure A-3 of the respondent No. 1, may kindly be quashed and set aside qua applicants.

(B) That vide Notification dated 28.07.1998 (Annexure A-5), the benefit of 25% NPA as basic pay for the purposes of calculating the retiral benefits including revised pension w.e.f. 1.9.1997, and further enhancing the basic pay plus NPA limit to Rs.79,000/- w.e.f. 1.1.2006 (Annexure A-8) have been extended to the serving as well as to the doctors who retired on and after 1.9.1997 and 1.1.2006 respectively but the same is being denied to the applicants who are pre 1.9.1997 and pre-2006 retirees. Therefore these notifications are discriminatory in nature and are hit by Articles 14 and 16 of the Constitution of India. That the respondents be directed to bring necessary modifications in these notifications thereby extending the same benefit to the pre1.9.1997 and pre-2006 retirees-applicants.

(C ) That similarly, the notifications dated 31.8.1989, 14.10.2009 and 21.5.2003 vide Annexure A-6, A-9 & A-10 and all such notifications, orders, instructions or provision which denies the benefit of the component of 25% NPA as basic pay for the purposes of calculating the retiral benefits including revised pension to the applicants w.e.f. 1.9.1997 and 1.1.2006 respectively, being arbitrary, discriminatory and ultra vires of Articles 14 & 16 of the Constitution of India, may kindly be ordered to be modified to bring uniformity between pre and post 1.9.1997 and pre and post 1.1.2006 retirees and thereby obliterating the discrimination perpetuated by these notifications.

(D) That by an appropriate order or direction the respondents may be directed to:

(i) Pay applicants enhanced pension on emoluments of 25% NPA on and w.e.f. 1.9.1997.

(ii) Re-calculate the pension payable to the applicants by adding the element of 25% NPA on and w.e.f. 1.1.2006, irrespective of their date of retirement.

(E) That due and admissible arrears be ordered to be paid/released to each of the applicants with interest at market rate from due date till payment is made.

(F) Any other order which appears to be just and correct in the interest of justice may also be passed."

2. The case of the petitioners is that they served the respondent-State as General Duty Officers in the Himachal Pradesh Health Services, Class-I (Generalists) and retired before 01.09.1997. There are seven petitioners in all. Petitioner No. 1-Dr. D. R. Barwal (who died during the pendency of this petition and whose legal representatives have been brought on record) joined as a Medical Officer in the year 1968 and superannuated on 28.02.1993, petitioner No. 2-Dr. P.P. Vaidya superannuated as a Medical Officer on 31.05.1993, petitioner No. 3-Dr. (Mrs.) Raj Vaidya superannuated as such in the year 1996, petitioner No. 4-Dr. Ramesh Chand Thakur joined as a Medical Officer on 10.07.1969 and superannuated as such on 28.02.1993, petitioner No. 5-Dr. B. L. Kapoor joined as a Medical Officer on 27.07.1962 and retired as such on 29.02.1994, petitioner No. 6-Dr. Prem Chand joined as a Medical Officer on 30.09.1969 and superannuated as such on 30.07.1992 and petitioner No. 7-Dr. Randhir Singh Chandel joined as a Medical Officer on 18.05.1972 and superannuated as such on 31.03.1993.

3. Their case, in a nut-shell, is that vide Notification dated 9th June, 1989 (Annexure A-4), the respondent-State revised the rates of Non-Practicing allowance of the Medical Officers serving with the Health Department of the State of Himachal Pradesh in the following terms: