Ayurvedic medical doctors coated beneath AYUSH are additionally entitled to the good thing about enhanced superannuation age of 65 years at par with allopathic medical doctors, the Supreme Court mentioned on Tuesday. A Bench of Justice L Nageswara Rao and Justice Hrishikesh Roy opined that each – allopathic and Ayurvedic medical doctors – render service to sufferers and on this core facet there’s nothing to tell apart them.
There is not any rational justification for having totally different dates for bestowing the good thing about prolonged age of superannuation to those two classes of medical doctors, mentioned the highest courtroom.
In the judgment, the highest courtroom mentioned, “We have no hesitation in holding that the respondent doctors (Ayurvedic) are entitled to their full salary arrears and the same is ordered to be disbursed, within eight weeks from today. Belated payment beyond the stipulated period will carry interest, at the rate of six percent from the date of this order until the date of payment. It is ordered accordingly.”
“We are quite clear in our mind that the respondents must be paid their lawful remuneration arrears and current, as the case may be. The State cannot be allowed to plead financial burden to deny salary for the legally serving doctors. Otherwise, it would violate their rights under Articles 14, 21, and 23 of the Constitution,” the judgment additional said.
The bench’s judgment got here on an attraction filed by the North Delhi Municipal Corporation (NDMC) in opposition to the November 2018 verdict of the Delhi High Court which had upheld a Central Administrative Tribunal (CAT) order holding that candidates who’re Ayurvedic medical doctors coated beneath AYUSH are additionally entitled to the good thing about enhanced superannuation age of 65 years (raised from 60 years), similar because the allopathic medical doctors.
On the contentions of the NDMC that classification of AYUSH medical doctors and medical doctors beneath Central Health Services (CHS) in several classes is cheap and permissible in legislation, the bench clarified that the classification is “discriminatory and unreasonable” since medical doctors beneath each segments are performing the identical perform of treating and therapeutic affected person.
The prime courtroom mentioned that the distinction within the technique of therapy employed by the 2 programs won’t be an inexpensive floor to categorise Ayurvedic and allopathic medical doctors in a different way for fixing retirement age.