ORDER

Shri Surendra Kumar Jain, Superintendent of Police, Police Training School, Rewa is present in person.

Petitioner is aggrieved of order Annexure P/1 dated 25.6.2020 passed by the Superintendent of Police, Police Training School, Rewa denying him the benefit of non-practicing allowance.

Learned counsel for the petitioner submits that non-practicing allowance is available to the doctors working in the Police Hospitals as per Home (Police) Department Circular No.2057-646-2B(2) dated 17.6.1992 filed alongwith this writ petition as Annexure P/2. The aforesaid circular was never revoked before issuance of the G.A.D Circular dated 10.3.1997 Annexure P/3 and 11/13th of January, 1999 Annexure P/4 and, therefore, the decision of the authorities to not to grant NPA to the petitioner and withdraw it from the persons, who were erroneously given the aforesaid benefit is contrary to the decision of the authorities as per communication vide Annexure P/7 dated 20.9.2016 singed for the Inspector General of Police (Administration) by the Assistant Inspector General (Administration), Police Headquarter Bhopal wherein it is mentioned that in terms of the Government of Madhya Pradesh, Home Department Letter No.3039/4356/2016/B-4/2 dated 3.9.2016, the proceedings to pay non-

practicing allowance to the doctors be ensured.

Placing reliance on the aforesaid order, learned counsel for the petitioner submtis that the petitioner is entitled to grant of non-practicing allowance and the respondents are deliberately flouting that order and have caused discrimination to the petitioner. Vide order Annexure P/9 dated 6.5.2011 in Writ Petition No1206/2005 (Dr.Govind Ram Patidar versus State of Madhya Pradesh), learned Single Judge of Gwalior Bench of this High Court had directed the petitioner therein to submit a representation claiming non-

practicing allowance and the authorities were directed to pass appropriate orders in this regard in view of the Circulars Annexures P/1 & P/2. Vide Annexure P/10, Dr.Govind Ram Patidar, who had filed Writ Petition No1206/2005 was extended the benefit of non-practicing allowance in terms of the G.A.D Circular dated 11th/13th of January, 1999. The petitioner is being discriminated in the matter of grant of non-practicing allowance. It was never notified to the doctors working on deputation in the Police Department that they are entitled to carry on practice in terms of the G.A.D Circular dated 11th/13th of January, 1999 and, therefore, there being a ban on practice of the doctors deputed in the Police Hospitals, they are entitled to grant of non-practicing allowance.

In compliance of the order of this Court, the Director General of Police Shri Sudhir Kumar Saxena has filed his affidavit enclosing the minutes of the meeting of the representatives of the various departments as was convened by the Home Secretary as contained in Annexure A/1 and thereafter, the decision taken by the Police Authority as contained in Annexure A/2.

Reading from that affidavit and then the Circular dated 11th/13th of January, 1999, it is pointed out by learned counsel for the petitioner that vide Circular dated 10.3.1997, it was provided that except for the persons, who were posted for the administrative work in various Hospitals/Medical Colleges, private practice was permitted but thereafter the State Government on consideration took a decision that practice or obtaining option for practicing or non-practicing at the level of the Medical Colleges and the Hospitals situated in the District Headquarters be abolished and this option will be available to only those persons, who are not posted at District Headquarters. That order was made effective from 1.4.1997. This circular categorically says that option of private practice be withdrawn from the doctors working in different institutes of the State Government. The relevant paragraph of the circular dated 10.3.1997 reads as under:-

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