New
Delhi:
Ayurvedic doctors covered under AYUSH are also entitled to the benefit of
enhanced superannuation age of 65 years at par with allopathic doctors, the
Supreme Court said on Tuesday. A Bench of Justice L Nageswara Rao and Justice
Hrishikesh Roy opined that both - allopathic and Ayurvedic doctors - render
service to patients and on this core aspect there is nothing to distinguish
them.
There
is no rational justification for having different dates for bestowing the
benefit of extended age of superannuation to these two categories of doctors,
said the top court.
In
the judgment, the top court said, “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 further stated.
The
bench's judgment came on an appeal filed by the North Delhi Municipal
Corporation (NDMC) against the November 2018 verdict of the Delhi High Court
which had upheld a Central Administrative Tribunal (CAT) order holding that
applicants who are Ayurvedic doctors covered under AYUSH are also entitled to
the benefit of enhanced superannuation age of 65 years (raised from 60 years),
same as the allopathic doctors.
On
the contentions of the NDMC that classification of AYUSH doctors and doctors
under Central Health Services (CHS) in different categories is reasonable and
permissible in law, the bench clarified that the classification is “discriminatory
and unreasonable” since doctors under both segments are performing the same
function of treating and healing patient.
The
top court said that the difference in the method of treatment employed by the
two systems will not be a reasonable ground to classify Ayurvedic and
allopathic doctors differently for fixing retirement age.
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