Review Pension Age of AYUSH doctors, Decide within three months: HC tells Govt

Published On 2022-07-05 04:00 GMT   |   Update On 2022-07-05 12:37 GMT

Kochi: Dismissing the Kerala Administrative Tribunal (KAT) order, the State High Court has now directed the Government to review the facts regarding the plea for raising the retirement age of AYUSH doctors to 60 and take a call on the matter within three months.The High Court division bench comprising of Justice A K Jayasankaran Nambiar and Justice Mohammed Nias CP dismissed the KAT order as...

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Kochi: Dismissing the Kerala Administrative Tribunal (KAT) order, the State High Court has now directed the Government to review the facts regarding the plea for raising the retirement age of AYUSH doctors to 60 and take a call on the matter within three months.

The High Court division bench comprising of Justice A K Jayasankaran Nambiar and Justice Mohammed Nias CP dismissed the KAT order as it took note of the fact that the State has not taken any decision on the matter.

The matter concerns the doctors belonging to Ayurveda, Yoga, Naturopathy, Unani, Siddha and Homoeopathy, who comes under the purview of AYUSH Department.

After the Government increased the superannuation age of doctors of modern medicine from 56 to 60, the AYUSH doctors started demanding similar benefits.

Also Read: AYUSH doctors performing surgeries, validity of NEET for AYUSH courses: HC to hear matter together in March

As per an earlier order by Onmanorama, the Kerala Government Homoeo Medical Officers' Association had approached the KAT and pointed out that the retirement age of doctors in Kerala's Health Department and Medical Education Department was already 60 and 62 years respectively.

Mathrubhumi adds although KAT had ordered to take a decision on the plea, the government had turned down the requests of the doctors while mentioning that there was no political decision on the issue.

When the doctors approached the Tribunal for the third time, KAT took note of the Supreme Court judgment passed in respect of North Delhi Municipal Corporation last year. 

Medical Dialogues had last year reported that Supreme Court had observed that different salary and benefits for AYUSH and Allopathy doctors is discriminatory in nature. 

"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," the Apex Court bench comprising of Justice L. Nageswara Rao and Justice Hrishikesh Roy had observed.

With the Supreme Court order, the Ayurvedic doctors came to be covered under AYUSH became entitled for the benefit of the enhanced superannuation age of 65 years at par with allopathic doctors.

The Supreme Court bench had opined that differentiating between Ayurvedic and Allopathic doctors is unreasonable since doctors under both segments are performing the same function of treating and healing their patients.

Referring to this order, KAT had raised the retirement age of doctors who turned 56 after the SC verdict on August 3, 2021. 

Following this, the State had approached the Kerala High Court. While considering the matter, the HC bench opined since the government had not taken any call on the matter, the Tribunal should not have interfered.

Also Read: NO Salary Discrimination between Allopathy and Ayurveda Doctors: Supreme Court

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