Case Note & Summary
The petitioners, fifteen Ayurvedic lecturers and professors working at D. M. M. Ayurved Mahavidyalaya in Yavatmal, filed a writ petition under Article 226 of the Constitution of India seeking parity in the quantum of non-practicing allowance with their counterparts in government establishments. The dispute arose because while other service conditions were already at par, the non-practicing allowance was not being paid at the same rate. The petitioners relied on a Government Resolution dated 15.10.1993 which prescribed the allowance. The respondents, including the State of Maharashtra and the college principal, opposed the petition. The court, after hearing arguments, allowed the petition, holding that the Government Resolution applied to the petitioners and they were entitled to the same non-practicing allowance as government employees. The court directed the respondents to pay the allowance accordingly.
Headnote
A) Service Law - Non-Practicing Allowance - Parity - Government Resolution dated 15.10.1993 - Petitioners, Ayurvedic teachers in a private college, sought parity in non-practicing allowance with government counterparts - Court held that the Government Resolution applies and petitioners are entitled to same allowance - Held that the resolution does not discriminate between government and private college teachers (Paras 1-2).
Issue of Consideration
Whether the petitioners, who are Ayurvedic lecturers/professors in a private college, are entitled to the same non-practicing allowance as their counterparts in government establishments.
Final Decision
Writ petition allowed. Respondents directed to pay non-practicing allowance to petitioners at par with government counterparts.
Law Points
- Non-practicing allowance
- parity in service conditions
- Ayurvedic teachers
- Government Resolution 15.10.1993
