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 the granting of enhanced retirement benefits to Ayurvedic doctors on par with allopathic doctors.
The court observed that although Ayurvedic doctors make a significant contribution to society, the direction in which retired doctors are reinstated could affect policy issues.
The CJI was initially of the view that there was no difference in the quality of services and efforts of Ayurvedic and allopathic doctors and that it was logical to recognize such equivalence.
”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. ”
Indian Solicitor General Tushar Mehta, appearing on behalf of the state of Rajasthan, submitted that the condemnation of the order would result in the reinstatement of more than 1,000 retired Ayurvedic doctors to the enhanced pension age.
“May it be dismissed in the future. Now, what’s difficult is this very ruling, they’ve already retired, they’ve filed a petition, and now they’re not being brought back until they reach 65 years of age.” There are more than 1000 doctors, so they will come back. This applies to Unani, Ayush, Sidha, everyone.”
“It’s actually rooted in a policy issue. We’re going to issue a notice.” said the CJI.
The Rajasthan High Court on February 28 allowed a series of writ petitions seeking to extend the retirement age of Ayurvedic doctors on par with allopathic doctors. The court noted that the state authorities had extended the retirement pension for allopathic doctors from 60 years to 62 years as of March 31, 2016. The petitioners argued that such selective extension of retirement age is discriminatory against Ayurvedic doctors and is therefore in violation of Article 14 of the Constitution.
The High Court pointed out that the Supreme Court had ruled in a similar case as follows: Rajasthan and Ors. vs. Dr. Mahesh Chand Sharma & Ors; Dismissed the state’s challenge to the Rajasthan High Court’s order granting Ayurvedic doctors the same superannuation relief as allopathic doctors.
The High Court directed the state authorities to reinstate the Ayurvedic doctor, who has not attained the age of 62 years, and increase his retirement benefits in line with previous cases of a similar nature.
The accused is required to pass necessary orders in accordance with the order passed by this Court. People who receive an old-age pension when they reach the age of 60, but have not yet reached the age of 62, can immediately return to work.
Also read – ‘There is no error in holding that Ayurvedic doctors are not entitled to pay equal wages to allopathic doctors’: Supreme Court dismisses review petition
Case details: State of Rajasthan and ORS. v. Anisur Rahman SLP(C) No. 9563/2024
