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2006 Supreme(SC) 935

G.P.MATHUR, R.V.RAVEENDRAN
Col. (Retd. ) B. J. Akkara – Appellant
Versus
Govt. of India – Respondent


JUDGMENT

Raveendran, J. - The petitioners in all these petitions, served as Medical, Dental and Veterinary officers in the Army Medical Corps (AMC), Army Dental Corps (ADC) and Veterinary Corps (RVC) controlled by the Ministry of Defence (for short, Ministry). All of them retired prior to 1.1.1996. These petitions involve a common question relating to calculation of their pension.

2. Defence Ministry Circular dated 31.12.1965 barred private practice (which was a traditionally enjoyed privilege) by AMC officers with effect from 1.1.1966 and conveyed the sanction of the President to the grant of a Non-Practising Allowance (NPA for short) to all AMC officers irrespective of the rank, with a stipulation that such NPA shall be treated as Pay for all purposes. Ministry circular dated 2.11.1987 clarified that NPA will be treated as pay for all service matters, and will be taken into account for computing Dearness Allowance and other allowances as well as for calculation of retirement benefits. It also prescribed the rate of NPA for AMC and ADC Officers as Rs. 600/- for basic pay below Rs. 3000/-, Rs. 800/- for basic pay between Rs. 3000/- and Rs. 3700/- and Rs. 900/- for basic pay of R











































































































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