Retirement Age of Ayurvedic, Allopathic Doctors Should Not Be Different: Supreme Court

There is no rational justification seen for different ages of retirement for doctors practising the AYUSH system of medicine, the Supreme Court observed. (North Delhi Municipal Corporation vs Dr Ram Naresh Sharma & others) 

An appeal filed by the New Delhi Municipal Corporation against Delhi High Court judgment held that ayurvedic doctors covered under AYUSH are also entitled to the benefit of enhanced superannuation age of 65 years (raised from 60 years), just like the allopathic doctors. Also, the retirement age was 60 years for the General Duty Medical Officers for the Central Health Scheme, the Dentists and Doctors covered under AYUSH (including ayurvedic doctors).  

The issue was if the age of superannuation will also be increased from 60 years to 65 years for the ayurvedic doctors covered under the Ministry of AYUSH. Later, the Government of India order was embraced by North Delhi Municipal Corporation (NDMC) and the retirement age of the Allopathic doctors was increased to 65 years whereas Ayurvedic doctors working in the NDMC felt resentment as they were not included in the order.  

Now, some of the ayurvedic doctors approached the CAT and the applications of unjust discrimination were accepted by the CAT. Thus, the CAT’s order was upheld by the Delhi High Court.  

Hence, the Supreme court found the classification of AYUSH doctors and doctors under CHS discriminatory and unreasonable as both the doctors are performing the same duty of treating patients. “The doctors, both under AYUSH and CHS, render service to patients and on this core aspect, there is nothing to distinguish them. 

Therefore, no rational justification is seen for having different dates for bestowing the benefit of extended age of superannuation to these two categories of doctors. Hence, the order of the AYUSH Ministry dated 24.11.2017 must be retrospectively applied from 31.05.2016 to all concerned respondent¬ doctors, in the present appeals. 

All consequences must follow from this conclusion”. Furthermore, the respondent doctors are also entitled to their full salary arrears and it should be disbursed within 8 weeks from today, directed the Supreme Court.