GANGTOK, India, Aug. 29 -- Sikkim High Court issued the following judgment/order on Aug. 7:

Bhaskar Raj Pradhan, J. The short question that arises for consideration before this Court is whether the appellant/petitioner is entitled to Super Speciality and Performance Allowance (for short, the Allowance) of Rs.2,00,000/- per month from June 1988 to June 1991 and thereafter, Rs.3,75,000/- per month, till date of his retirement, in terms of notification bearing no. 158/GEN/DOP dated 19.12.2018 (for short, notification dated 19.12.2018)?

2. The learned Single Judge concluded that the appellant was not entitled to the Allowance. It was also held that in view of the rectification of the notification dated 19.12.2018 by notification bearing no. 200/GEN/DOP dated 06.02.2019 (for short, notification dated 06.02.2019), the question on retrospectivity received a quietus.

3. Unsatisfied with the impugned judgment, the appellant raises the question once again for an appellate determination.

4. Heard the learned counsel for the appellant as well as the respondents. The learned counsel for the appellant submits that in terms of the notification dated 19.12.2018, the petitioner is entitled to the Allowance as sought for. Paragraph 2 (iii) of notification dated 19.12.2018 makes the Allowance admissible to the petitioner as he was an existing member of the Sikkim State Health Service with requisite experience. The learned counsel for the respondents submits that the impugned judgment does not suffer from perversity or errors apparent on the face of the record.

5. The appellant contends he obtained MBBS Degree from King George's Medical College, Lucknow in the year 1981; he completed Master of Medicine (Medicine) in 1985 and thereafter completed D.M. (Cardiology) from King George's Medical College in 1987; the appellant was appointed in the year 1988 as Consultant (Cardiology) in the Health & Family Welfare Department; on 08.06.2011, the State re-designated the post of the appellant from Director General of Health Service to that of Director General-cum-Secretary, Health Care & Human Services and Family Welfare Department; his service was extended on 25.07.2016, 31.08.2017 and 25.08.2018; and retired on superannuation on 31.08.2019.

6. After the issuance of notification dated 19.12.2018, the appellant on 21.01.2019 processed an official noting to the Government of Sikkim claiming the Allowance of Rs.2,00,000/- per month, from June 1988 to June 1991 and thereafter, Rs.3,75,000/- per month, till his retirement. On 23.04.2019, the appellant made a written representation to the Commissioner-cum-Secretary of the Department of Health Care, Health Services and Family Welfare, Government of Sikkim, requesting him to consider his office note. In response, vide letter dated 07.05.2019, the Special Secretary informed the appellant that he was eligible for such Allowance only from 19.12.2018 to 31.01.2019. The appellant issued several legal notices and thereafter, filed the writ petition on 24.11.2020, which was considered and dismissed by the learned Single Judge.

7. The notification dated 19.12.2018 reads as under:

The rest of the document can be viewed at https://hcs.gov.in/hcs/hg_orders/203600000032024_8.pdf

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