ORDER : 1. This writ petition has been filed on behalf of the petitioner for grant of following reliefs: (i) Quashing of the Memo No. 234(20) dated 28.07.2016 [Annexure-8/1] and subsequently Memo No. 481(20) dated 27.12.2018 [Annexure-11] passed by Department of Health, Medical Education and Family Welfare, Govt. of Jharkhand whereby the Department has rejected the claim of the petitioner for payment of Non-Practicing Allowance [hereinafter called the NPA] to petitioner from 26.05.1998 to March, 2000 without considering the facts that the Hon’ble Jharkhand High Court in W.P.(S) No. 2822/2004 and W.P.(S) No. 2894/2001 has directed the respondents to pay the NPA in accordance with notification issued by the State of Bihar vide notification No. 189(1) dated 26.05.1998. (ii) For direction upon the respondents after quashing the Memo No. 234 dated 28.07.2016 and subsequently Memo No. 481(20) dated 27.12.2018 to pay the NPA from 26.05.1998 to March, 2000 to petitioner as per the direction of the Hon’ble Jharkhand High Court in W.P. (S) No. 2894/2001 [Dr. Bijay Narayan & Ors. Vs. State of Jharkhand] and W.P. (S) No. 2822/2004 [Dr. Jagannath Tripathi & Ors. Vs. State of Jharkhand] and as per the Memo No. 10(vidhi) dated 24.12.2003 issued by the Secretary, Department of Health, Medical Education and Family Welfare, Govt. of Jharkhand. 2. Heard Mr. Krishna Shankar and Mr. Manish Kumar, learned Sr. S.C.II on behalf of the State. 3. Learned counsel for the petitioner submitted that the order dated 28.7.2016 (i.e. Annexure-8/1) and Order dated 27.12.2018, as contained in Annexure-11, are illegal, arbitrary and not sustainable in the eye of law. It is submitted that a Bench of this Court, Hon’ble Mr. Justice Vikramaditya Prasad (As His Lordship then was), vide order dated 10th February, 2003 (i.e. Annexure-3), passed in W.P. (S) No. 2894 of 2001 had directed for payment of non- practicing allowance (in short N.P.A.) to the Doctors, who had stopped practicing in the light of Notification dated 26.05.1998, issued by the State of Bihar (Jharkhand) (Health, Medical Education and Family Welfare) Department. It is submitted that even the State Government, vide Order dated 24.12.2003, had passed Order for implementing said Order dated 10.02.2003 passed in W.P.(S) No. 2894 of 2001 by the High Court of Jharkhand. It is submitted that even the State Government, vide Order dated 24.12.2003, had passed Order for implementing said Order dated 10.02.2003 passed in W.P.(S) No. 2894 of 2001 by the High Court of Jharkhand. It is further submitted that another Co-ordinate Bench of this Court vide Order dated 03.08.2006, passed in W.P. (S) No. 2822 of 2004 (i.e. Annexure-5) had directed the Respondents to pay the non- practicing allowance to the said petitioners in accordance with the notifications issued by the State of Bihar, which is applicable in the State of Jharkhand, however, the Respondent concerned had rejected the claim of the petitioner vide Order dated 28.07.2016 (i.e. Annexure-8/1) and subsequently on 27.12.2018 (i.e. Annexure-11) and hence, the writ petition may be allowed. 4. On the other hand, learned counsel for the State has opposed the prayer and has supported the impugned order dated 28.07.2016 (i.e. Annexure- 8/1) passed by Respondent No. 3 and also supported the order dated 27.12.2018 (i.e. Annexure-11) communicated by the Joint Secretary to the Government, Health, Medical Education and Family Welfare Department, Government of Jharkhand. It is submitted that the Respondents have filed counter affidavit and have taken the stand in support of the order dated 28.07.2016 and 27.12.2018 respectively. 5. Having heard learned counsel for both the sides and going through the records, this Court finds that earlier vide notification dated 26.05.1998, erstwhile State of Bihar had decided to grant Non- Practicing Allowance (in short N.P.A.) to the Doctors, who were not doing Private Practice and had applied in the prescribed format. The petitioner had also applied in the prescribed format on 09.05.2000. However, the same was not paid to the petitioner. 6. It further appears that in the meantime the petitioner had retired and certain recovery was sought to be made from him and therefore, the petitioner had filed W.P.(S) No. 3630 of 2014 and a Coordinate Bench of this Court (Justice Pramath Patnaik, as His Lordship then was), vide Order dated 18.04.2016 (i.e. Annexure-7), had quashed the order of recovery passed against the petitioner of Rs. 44,148/- from the Gratuity of the petitioner, however, the Co-ordinate Bench had directed the petitioner to file representation before the authority for grant of Non-Practicing Allowance (in short N.P.A.) and it was directed that the authority shall dispose of the representation within a period of Eight (08) weeks by passing a reasoned and speaking order and also communicate a copy of the same to the petitioner. 7. Paragraph 9 and 10 of the Order dated 18.04.2016, passed in W.P.(S) No. 3630 of 2014, read as follows:- “Para 9:- In view of the aforesaid facts and reasons, the impugned order dated 09.06.2014 for recovery of Rs.44, 148/- from the gratuity of the petitioner is hereby quashed. So far as payment of arrears of salary and payment of other retiral benefits are concerned, the respondents are directed to make payment of same as early as possible preferably within a period of six months from today Para 10:- So far as payment of NPA for the period 26.5.1998 to March, 2000 is concerned, the petitioner is at liberty to file representation before the authority concerned within a period four weeks from today, who on receipt thereof shall dispose of the representation of the petitioner within a period of eight weeks by passing a reasoned and speaking order communicating the copy of the same to the petitioner.” 8. It transpires that the Health Department of erstwhile State of Bihar, vide notification dated 26.05.1998, had issued notification for Non-Practicing Allowance to the Doctors (i.e. Vide Annexure-1), however, vide Letter dated 28.03.2000 issued by the Finance Department, Government of Bihar, certain guidelines were furnished and it was also directed that the Medical Practitioners have to file declaration by May, 2008. 9. It appears that the above notification was challenged before this Court in W.P.(S) No. 2894 of 2001 and vide order dated 10.02.2003 (i.e. Annexure-3), passed by the Co-ordinate Bench of this Court (Mr. Justice Vikramaditya Prasad, as His Lordship then was) and the said writ petition was allowed with the following observation:- “Thus I hold that the payment will have to be made w.e.f. the date of stopping the practice as given in the respective declaration of the doctors in terms of Clause 5(iv) by May 2000. Justice Vikramaditya Prasad, as His Lordship then was) and the said writ petition was allowed with the following observation:- “Thus I hold that the payment will have to be made w.e.f. the date of stopping the practice as given in the respective declaration of the doctors in terms of Clause 5(iv) by May 2000. If any doctors did not file declaration by May’2000 he will not be certified to this benefit, because under that clause 5(iv) it will be deemed that he had not stopped the practice. Now the question is who will pay the arrears. It is not disputed that the doctors are Government employees. Therefore as per this letter (BAG 14-01-59 Budget dated 24.06.2002) as arrear accorded on 14.11.2002 has to be paid by the State of Jharkhand for which the Government head of Account has been created The questions posed in this writ are answered in the following way The doctor who stopped practice will be given allowances and arrear thereof w.e.f. the respective dates of stopping practices given in the declaration filed within May’2000. The payments of the arrears shall be paid by the State of Jharkhand. The arrear must be paid within three months from the date of receipt/production of a copy of this order, Writ allowed.” 10. Thereafter, in the light of the Order dated 10.02.2003 (i.e. Annexure-3), passed in W.P.(S) No. 2894 of 2001 by the High Court of Jharkhand, the Health Department, Government of Jharkhand issued Order dated 24.12.2003 by directing the Controlling Officers that the Medical Officers shall be paid the Non-Practicing Allowance (in short N.P.A.) as per their declaration and payment has to be made in the light of Circular No. 2561/B dated 17.04.1998. 11. Thus, the Order dated 10.02.2003 passed in W.P.(S) No. 2894 of 2001 attained its finality as no appeal was preferred against the said order. 12. It further appears that another Co- ordinate Bench (Hon’ble Mr. Justice Permod Kohli, as then His Lordship was) of this Court in the case of Dr. Jagannath Tripathi & Others Vs. State of Jharkhand & another in W.P. (S) No. 2822 of 2004 vide Order dated 03.08.2006 (i.e. Annexure-5) had allowed the writ petition by directing the Respondents to pay the Non-Practicing Allowance to the petitioners, who were even Ayurvedic doctors. 13. Jagannath Tripathi & Others Vs. State of Jharkhand & another in W.P. (S) No. 2822 of 2004 vide Order dated 03.08.2006 (i.e. Annexure-5) had allowed the writ petition by directing the Respondents to pay the Non-Practicing Allowance to the petitioners, who were even Ayurvedic doctors. 13. Order dated 03.08.2006 passed in W.P.(S) No. 2822 of 2004 reads as follows:- “ 6/3.8.2006 Petitioners are Ayurvedic doctors posted at different places. It is mentioned that the then State of Bihar issued notification banning private practice for teaching and non- teaching doctors and in lieu thereof they were to be paid non-practising allowance. Earlier a writ petition was filed by some doctors claiming non- practising allowance in accordance with notification dated 26.5.98. The aforesaid notification was followed by another notification which required filing of a declaration that the doctor is not carrying on private practice. On consideration of the issue, this Court passed the order dated 10.2.2003 in W.P.(S) No. 2894 of 2001 which reads as under:- “ Thus I hold that the payment will have to be made w.e.f. the date of stopping the practice as given in the respective declaration of the doctors in terms of Clause 5(v) by May’2000. If any doctors did not file declaration by May’2000 he will not be entitled to this benefit, because under that clause 5(iv) it will be deemed that he had not stopped the practice. Now the question is who will pay the arrears. It is not disputed that the doctors are Government employees. Therefore as per this letter (BAG 14-01-59 Budget dated 24.6.2002) as arrear accrued on 14.11.2002 has to be paid by the State of Jharkhand for which the Government head of Account has been created. The question posed in this writ are answered in the following way: The doctor who stopped practice will be given allowances and arrear thereof w.e.f. the respective dates of stopping practices given in the declaration filed within May’2000. The payments of the arrears shall be paid by the State of Jharkhand. The arrear must be paid within three months from the date of receipt/production of a copy of this order. Writ allowed.” The case of the petitioners is also squarely covered by the aforesaid judgment. The payments of the arrears shall be paid by the State of Jharkhand. The arrear must be paid within three months from the date of receipt/production of a copy of this order. Writ allowed.” The case of the petitioners is also squarely covered by the aforesaid judgment. In this view of the matter, this petition is disposed of with a direction to the respondents to pay the non- practising allowance to the petitioners in accordance with the notifications issued by the State of Bihar which are applicable to the State of Jharkhand and also in the light of the directions of this Court in the aforementioned judgment within a period of four months.” 14. Thus, it is evident that payment of Non- Practicing allowance (in short N.P.A.) was made applicable to the Doctors pursuing Medical Profession as well as the Ayurvedic Doctors also. However Order dated 28.07.2016 [Annexure-8/1] and subsequently Memo No. 481(20) dated 27.12.2018 [Annexure-11] has been passed by Department of Health, Medical Education and Family Welfare, Govt. of Jharkhand, from perusal of which it appears that order dated 24.12.2003 issued by its own Department was not taken note of, rather notification of State of Bihar was taken note of, which was not applicable in the case of the Doctors, who were practicing in the State of Jharkhand. 15. It is well settled from the judgment of the Hon’ble Supreme Court in the case of Kangra Central Cooperative Bank Pensioners Welfare Association Vs. State of Himachal Pradesh and Others, 2022 SCC OnLine SC 1031 and in the case of Om Prakash Banerjee Vs. State of West Bengal and Others, 2023 SCC OnLine 771 that a person has to be granted same relief if the similarly situated person has been granted the same relief. 16. Therefore, in the light of the Order dated 10.02.2003 passed in W.P.(S) No. 2894 of 2001 and Order dated 03.08.2006 passed in W.P.(S) No. 2822 of 2004 by the High Court of Jharkhand, Memo No. 234(20) dated 28.07.2016 [Annexure-8/1] and subsequently Memo No. 481(20) dated 27.12.2018 [Annexure-11] passed by Department of Health, Medical Education and Family Welfare, Govt. of Jharkhand, whereby the Department has rejected the claim of the petitioner for payment of Non Practicing Allowance, are hereby quashed and set aside. 17. Under the circumstances, the Respondent No.2, i.e. the Principal Secretary, Department of Health, Medical Education and Family Welfare, Govt. of Jharkhand, whereby the Department has rejected the claim of the petitioner for payment of Non Practicing Allowance, are hereby quashed and set aside. 17. Under the circumstances, the Respondent No.2, i.e. the Principal Secretary, Department of Health, Medical Education and Family Welfare, Govt. of Jharkhand is hereby directed to make payment of Non-Practicing Allowance (N.P.A. in short) to the petitioner for the period from 26.05.1998 to 31.05.2000 forthwith and the Respondents are directed to make the said payment within Three (03) months from the date of receipt/production of a copy of this Order. 18. Thus, this writ petition is allowed with the aforesaid observation and direction.