Why Shouldn't Ayurvedic Doctors Have Same Retirement Age As Allopathic Doctors? Supreme Court Asks Rajasthan Govt
04-May-24 05:08:05
The Supreme Court on Friday (May 3) issued notice on a petition filed by the State of Rajasthan against the Rajasthan High Court order directing grant of enhanced superannuation for Ayurvedic Doctors at parity with Allopathic ones.
The Court was of the view that while Ayurvedic Doctors were contributing immensely to society, the directions of reinstating retired doctors may impinge upon matters of policy.
The CJI initially was of the view that there exists no difference in the quality of service and efforts of Ayurveda and Allopathic Doctors, thus it would be logical to grant such parity.
"Today we are valuing the Ayurvedic Doctors, why should it be that the Ayurvedic doctors don't retire at the same age as Allopathic doctors?....ultimately they are also doing valued service and are within the same state "
Solicitor General of India (SG) Mr Tushar Mehta, appearing for the State of Rajasthan, submitted that because of the impugned order, more than a thousand Ayurvedic doctors who are retired will now be taken back till the enhanced age of superannuation.
" Let there be prospective overruling. Now the difficulty is , with this very ruling is, they have already retired, they filed a petition and now they are supposed to be taken back till they reach the age of 65 years now....there are more than 1000 doctors, so they will come back. This will apply to Unani, AYUSH, Sidha, Homeopathy , everyone."
"It does entrench on an issue of policy actually. We will issue notice," CJI said.
The Rajasthan High Court on February 28 allowed a batch of writ petitions seeking enhanced age of superannuation for Ayurvedic Doctors at parity with the Allopathic Doctors. The Court noted that the state authorities had increased the superannuation of Allopathic Doctors from 60 years to 62 years w.e.f 31.3.2016. It was contended by the petitioners that such a selective enhancement of retirement age was discriminatory against the Ayurvedic Doctors and therefore violative of Article 14 of the Constitution.
The High Court noted that the Supreme Court had ,in a similar case of State of Rajasthan and Ors. vs. Dr. Mahesh Chand Sharma & Ors, dismissed the challenge by the State against the order of the Rajasthan High Court granting superannuation relief to Ayurvedic Doctors at parity with Allopathic ones.
The High Court directed the state authroties to pass orders to reinstate those Ayurvedic Doctors yet to attain the age of 62 years and also provide an enhanced supernnuation in line with earlier cases of the similar nature.
The respondents are required to pass necessary orders in compliance of the order passed by this Court. Those who have been superannuated on attaining the age of 60 years, but have not completed the age of 62 years, be reinstated in service forthwith.
Source: - Livelaw