ORDER

S.N. Pathak, J. - The petitioners have approached this Hon''ble Court with a prayer for commanding upon the respondents for release of non practicing allowance and dearness allowance for the period from December, 2012 to August, 2014, which has been arbitrarily withheld without any valid reason or any prior notice.

Further prayer has been made to decide pending representation of the petitioners.

2. The petitioners were appointed as Medical Officers in Bihar State Health Services and subsequently transferred to State of Jharkhand after the creation of new State of Jharkhand and some of the petitioners are also appointed by RIMS as its own separate cadre.

3. It appears that some of the petitioners have retired and some others are working in different departments of RIMS.

4. It has been stated that the Rajendra Institute of Medical Science was established by Rajendra Institute of Medical Sciences, Act, 2002. The said Act came into force on and with effect from 15th August, 2002 and the Rajendra Institute of Medical Science (in short RIMS), by virtue of the provisions of Section 7 of the said Act, was declared as an autonomous body and the power of the management of the RIMS is made to vest in the Governing Body comprising of 15 members as spelt out under Section 7 of the said Act. Section 31 of the said Act deals with the Rule making powers and Section 32 of the Act provides for framing of regulation. By virtue of the notification No.518(1) Ranchi dated 12.8.2002 Rajendra Institute of Medical Sciences Rule 2002 was formulated. Clause 15 (3) of the Rajendra Institute of Medical Sciences Rule 2002 mandates all posts of the Institute as Non-practicing. It is the case of the petitioners that by abiding with the aforesaid Rules, they are not in private practice. Clause 15(2) of Rajendra Institute of Medical Sciences Rule 2002 also mandated that the Institute shall frame its own regulations with respect to service condition, salary, allowances etc. within 2 years of notification of Rules, 2002. Clause 16 of the Rules empowers Governing Body for deciding salary and allowances of the posts under the RIMS with the approval of State Government. Clause 16 of the Rules reads as follows:-

Quote

" Rajya Sarkar se purv anumodan prapt kar sasi parisad dwara sansthan ke pad ke

5. It is stated that by virtue of power given under Rule 16 of Rajendra Institute of Medical Sciences Rule, 2002, the Governing Body of RIMS in its 2nd meeting held on 23.10.2002 decided that Non-practicing Allowances (NPA) to be paid to doctors working in RIMS @ 25% of their basic pay like CGHS and AIIMS, New Delhi with effect from 1.11.2002. The Governing Body also constituted a monitoring committee for ensuring that doctors actually do not indulge in private practice.

6. It is stated that thereafter the Governing Body vide its 7th meeting held on 28.8.2004 decided to follow the Rules and Regulations of State Government regarding payment of NPA so long as the employees posted in RIMS constituted to be Government servants.

7. It is stated that pursuant to decision taken by Governing Body of RIMS, the doctors posted at RIMS have been paid the Non3. practicing allowances with effect from 1.11.2002 @ 25% of Basic Pay and thereon the dearness allowance prevailing at the respective period in consonance to other Institute and Central Government Rules.

8. It is stated that a declaration on the pay bill was also taken from the petitioners to the effect that petitioners are not doing private practice for release/payment of NPA amount.

9. It is the case of the petitioner that respondent No.1 in most arbitrary and irrational manner vide letter No.7/Budgetawantan- 03/2012 28(7) dated 19.5.2012 has given direction that out of the total allotted budgetary amount for the year 2012-13, payment of NPA would not be made.

10. It is stated that petitioners were given assurance that very soon a supplementary allocation of fund will be made available and their legitimate allowance will be