STATE TIMES NEWS
New Delhi: The Supreme Court Tuesday said that doctors, both allopathic and AYUSH, render service to patients and there is no rational justification for having different dates for giving benefit of extended age of superannuation to these medical practitioners.
The apex court made the observations in its judgement on appeals against the Delhi High Court’s November 2018 verdict upholding the order of the Central Administrative Tribunal which had said that ayurvedic doctors covered under AYUSH are also entitled to benefit of enhanced superannuation age of 65 years, raised from 60 years, just like allopathic doctors.
The high court had dismissed the petitions filed by the North Delhi Municipal Corporation (NDMC) which was aggrieved by the tribunal’s order.
An apex court bench of justices L Nageswara Rao and Hrishikesh Roy said it is inclined to agree with the findings of the tribunal and the high court that the classification is discriminatory and unreasonable since doctors under both segments are performing the same function of treating and healing their patients.
In our understanding, the mode of treatment by itself under the prevalent scheme of things, does not qualify as an intelligible differentia. Therefore, such unreasonable classification and discrimination based on it would surely be inconsistent with Article 14 (equality before law) of the Constitution, the bench said.
It said the only difference is that AYUSH (Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy) doctors are using indigenous systems of medicine while Central Health Scheme (CHS) doctors are using allopathy for tending to their patients.
The bench said the action of the concerned authority in not paying AYUSH doctors their due salary and benefits, while their counterparts in CHS system received salary and benefits in full, must be seen as discriminatory.
Hence, we have no hesitation in holding that the respondent-doctors are entitled to their full salary arrears and the same is ordered to be disbursed, within eight weeks from today, it said.