New Delhi: The question of whether Ayurvedic doctors should be granted extension of service and retire at the same time as allopathic doctors is currently being considered by the Supreme Court.
While considering a plea by the Rajasthan government against the Rajasthan High Court order granting enhanced retirement benefits to Ayurvedic doctors on par with allopathic doctors, the Monkey Bench comprising Chief Justice of India on Friday viz. A notification regarding the issue was issued on March 3. 2024.
According to a report in Live Law, the court opined that although Ayurvedic doctors make a huge contribution to society, the order for reinstatement of retired doctors may involve policy issues. .
Initially, the CJI observed that there was no difference in the quality of services and efforts provided by Ayurvedic and Allopathic doctors and therefore it was logical to grant such equivalence.
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“Today we value Ayurvedic doctors, but why don’t Ayurvedic doctors retire at the same age as allopathic doctors?…Ultimately, they too perform a valuable service. and are in the same state.” Live Law quoted the CJI’s point.
Meanwhile, India’s Solicitor General Tushar Mehta, a lawyer for the state of Rajasthan, issued a statement saying that more than 1,000 retired Ayurvedic doctors will not be brought back to the enrichment age, citing concerns of doctors. About retirement benefits.
He said, “Let’s say there is a possibility that it could be dismissed in the future. Now, the difficult thing is, in terms of this very ruling, they’ve already retired, they’ve filed a petition, and now they’re 65 years old.” There are more than 1,000 doctors, so they will be brought back. This applies to Unani, Ayush, Sidha, everyone.”
Regarding this proposal, the CJI said: “It’s actually rooted in a policy issue. We’re going to issue a notice.”
Live Law reported that the Rajasthan HC on February 28 allowed a series of petitions seeking extension of the retirement age of Ayurvedic doctors, making them on par with allopathic doctors.
The HC bench observed that the state authorities had extended the retirement pension of allopathic doctors from 60 years to 62 years by March 31, 2016. The petitioners argued that such selective retirement age is discriminatory against Ayurvedic doctors and is therefore in violation of Article 14 of the Constitution.
While considering this issue, the HC court observed the Supreme Court’s view in the case of State of Rajasthan and Ors. v. Dr. Mahesh Chand Sharma & Ors dismissed the state’s challenge to an order of the Rajasthan High Court granting superannuation relief to Ayurvedic doctors on par with allopathic doctors.
The HC court, therefore, directed the state authorities to reinstate the Ayurvedic doctors who have not attained the age of 62 years and also increase their retirement benefits in line with previous cases of similar nature.
“The defendants are required to make necessary orders in accordance with the order passed by this court.Those who obtained old age pension upon reaching the age of 60 years but have not yet reached the age of 62 years shall immediately return to work. ” the court ordered.
Medical Dialogues had previously reported that in 2022, the Rajasthan HC had taken redress against three Ayurvedic doctors, saying setting different retirement ages for Ayurvedic and Allopathic doctors was discriminatory and unconstitutional. Ta.
Such an opinion was taken by the HC bench comprising Chief Justice Manindra Mohan Shrivastava and Justice Vinod Kumar Balwani in a statement issued by the Rajasthan government that extended the retirement age for allopathic doctors only from 60 years to 62 years. This was issued while considering arguments to challenge the notification. Those practicing Ayurveda were excluded.
In the impugned notification dated February 31, 2016, the superannuation age was extended only to medical and health service doctors and not to Ayurvedic doctors or the Bharatiya Chikitsa Vibhag of the Rajasthan government.
Also read: Different retirement ages for Ayurvedic and allopathic doctors are unconstitutional: Rajasthan HC
