As their request was number acceded, the respondents approached the Madhya Pradesh Administrative Tribunal seeking a direction for payment of NPA in accordance with the Rules.
They companytended that whenever there was an increase in their basic pay, either on account of annual increments in the pay scale or on account of revision of pay scales, there should be companyresponding automatic increase in the NPA in terms of the Rules which required payment of NPA 25 of the pay.
The scales of pay and NPA payable to different categories of Medical Officers, other than the Director of the Service, are extracted below from Schedule I to the Rules S Name of the Posts included in the Scale of pay N service o. Dy.
Director Rs.680 40 800 50 1000 Superintendent, ESI Hospital EB 50 1150 NPA Specialist, ESI Hospital 25 of pay Supervisory Insurance Medical Officer Insurance Medical Officer Class I Rs.500 30 680 40 800 EB 50 1150 NPA 25 of pay Insurance Medical Officer Assistant Rs.425 25 500 30 680 Surgeon EB 40 800 50 900 Rs.100 pm as ESI Special Allowance NPA 25 of pay Non Practising Allowance is paid to Medical Officers when private practice by medical officers was prohibited and abolished.
Rule 5 of the Rules provides that classification of the service, the scales of pay attached thereto and the number of posts included in the service shall be in accordance with the provisions companytained in Schedule I thereto.
The said orders of the High Court are under challenge in these appeals by special leave.
The Madhya Pradesh Employees State Insurance Service Gazetted Recruitment Rules, 1981 in short the Rules framed by the State Government came into force in the year 1982.
The State Government filed writ petitions challenging the orders of the Tribunal.
The Tribunal accepted the companytention and allowed their applications and directed the appellant to calculate and pay NPA at the rate of 25 of the pay from the respective dates of their joining service.
The question involved in these appeals filed by the State of Madhya Pradesh, relates to the quantum of Non Practicing Allowance NPA for short payable to certain categories of Medical Officers belonging to the State Insurance service.
V.RAVEENDRAN, J. Delay companydoned and leave granted in the SLPs.
As a result, whenever there were increases in their pay on account of annual increments, NPA was number companyrespondingly increased so as to maintain it at 25 of basic pay, but companytinued to be paid at the fixed lump sum rate.
