1 2025:CGHC:9220 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1367 of 2025 1 - Dr. Rajesh Kumar Shukla S/o Late Shri D. S. Shukla Aged About 66 Years Retired As C.M.H.O. (Chief Medical And Health OfÏcer), R/o Yamuna Nagar, Mangala, P.S.- Civil Lines, Bilaspur, District Bilaspur, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Principal Secretary, Health And Family Welfare Department, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh. 2 - Director, Health And Family Welfare Department, Mantralaya, Third Floor, Indrawati Bhavan, New Raipur, District Raipur, Chhattisgarh. 3 - OfÏce Of The Controller Food And Drug Administration, Block- 1, 4th Floor, Indrawati Bhawan, Nawa Raipur, District Raipur, Chhattisgarh. SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.02.24 20:08:56 +0530 2 4 - Chief Medical And Health OfÏcer Bilaspur, District Bilaspur, Chhattisgarh. 5 - Divisional Joint Director Treasury, Accounting And Pension, Raipur Division, Raipur, District Raipur, Chhattisgarh. ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Yogesh Pandey, Advocate. For Respondent/State : Ms. Poorva Tiwari, Panel Lawyer. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 21.02.2025 1. By the present writ petition, the petitioner is seeking a direction towards the respondent authority to include Non-Practicing Allowance for calculating the petitioner’s pension. 2. Learned counsel for the petitioner would submit that while calculating the pension of the petitioner on 08.10.2024 (Annexure P/5), the respondents have not included the Non-Practicing Allowance, which has been received by the petitioner for a period of more than five years and assess the pension which is contrary to the circular issued by the State on 14.03.2011 (Annexure P/6), where Clause 7 of the said circular provides that the Non-Practicing Allowance has to be included while calculating and assessing the pension of retired employee. 3. Learned State counsel submits that according to the petitioner the calculation of the pension has wrongly been made without 3 considering the Non-Practicing Allowance, the petitioner should approach appropriate authority i.e. respondent no. 5 by filing representation. In the event of filing any representation the grievance of the petitioner will be looked into and necessary order be passed in accordance with law by considering the provision made in the circular dated 14.03.2011. 4. I have heard both the parties and perused the pleadings of the petitoner as well as the ciruclar dated 14.03.2021. 5. Clause 7 of the said circular provides that the Non -Practicing Allowance of the employee has to be included while calculating pension subject to that the employee must have receive the Non - Practicing Allowance for a period of five years. In the present case the petitioner has placed a certificate dated 21.05.2024 issued by the Chief Medical and Health OfÏcer Bilaspur, where it has been certified that the petitioner has received the Non-Practicing Allowances for a period from 25.01.2016 to 31.01.2024. 6. Perusal of the documents appended with the writ petition, it is evident that by raising his grievances the petitioner has already submitted a representation on 24-10-2024 (Annexure-P/7) before the Director Health Services, which is pending consideration. Looking to the said facts and circumstances, the Director, Health Services is directed to consider the pending representation of the petitioner dated 24-10-2024 and pass necessary order, in accordance with law, particularly considering the fact that the pension has to be recalculated by considering the Non-Practicing Allowance which was being received by the petitoner for a period of 4 more than five years. The entire exercise be completed within a period of 50 days from the date of receipt of a copy of this order. 7. Accordingly, the writ petition is disposed of. Sd/- (Bibhu Datta Guru) Judge Shoaib