SC Slams Rajasthan Govt for 5-month delay in releasing salaries of Ayurveda Doctors
New Delhi: The Supreme Court today i.e. on September 27, pulled up the Rajasthan Government for its 'stepmotherly treatment' to Ayurvedic doctors by delaying the release of the salaries of those who were reinstated after an order issued by the Rajasthan High Court.
Taking note of the delay of 5 months in releasing the salaries of these AYUSH doctors, the Apex Court bench comprising CJI DY Chandrachud and Justice Manoj Misra on Friday observed, "They are all working as doctors, Why is this step motherly treatment to Ayurveda (doctors)? Why haven't you released the salary of Ayurvedic doctors?"
Previously, the Rajasthan High Court had directed the grant of enhanced superannuation for Ayurvedic Doctors at parity with Allopathic practitioners. Challenging this order, the Rajasthan Government approached the Supreme Court.
Before the Apex Court bench, the doctors' counsel submitted that after the High Court's order, even though the Ayurvedic doctors had been reinstated, they had not received salaries for the past 5 months.
As per the latest media report by Live Law, while considering the issue, the top court bench directed the State Government to release the salaries of the doctors and all the similarly placed doctors within one week as there was no stay on the operation of the High Court's order.
"We clarify that there is no stay on the judgment of the High Court and in the event the outstanding towards salary has not been paid, the same shall be cleared within a period of one week, not only in the case of the respondents, but of the similarly placed doctors. Salaries shall be paid from month to month to the petitioners and similarly placed doctors," ordered the Supreme Court bench.
Further, the Court directed the counsels to prepare a list of all such cases arising out of the same question of law- whether the age of retirement for the Ayurvedic Doctors should be same as the Allopathic practitioners.
Medical Dialogues had earlier reported that back in 2022, the Rajasthan HC had provided relief to three Ayurvedic Doctors stating that setting different retirement age for Ayurvedic and Allopathic doctors was discriminatory and unconstitutional.
Such an observation came from the HC bench comprising of Chief Justice Manindra Mohan Shrivastava and Justice Vinod Kumar Bharwani while it was considering a plea challenging a notification issued by the Rajasthan Government which had enhanced the retirement age from 60 to 62 years only for the Allopathic doctors and excluded those practicing Ayurveda.
The impugned notification dated 31.02.2016 extended the age of superannuation to only the doctors Medical and Health Services and not to the Doctors of Ayurvedic and Bharatiya Chikitsa Vibhag of Government of Rajasthan.
Live Law has reported that the HC bench on February 28 had allowed a batch of pleas seeking enhanced age of superannuation for Ayurvedic Doctors at parity with the Allopathic Doctors. Referring to the fact that the age of superannuation for Allopathic Doctors was increased by State from 60 to 62 years w.e.f. 31.03.2016, the petitioners had contended that such a selective enhancement of retirement age was discriminatory against the Ayurvedic Doctors and therefore it violated Article 14 of the Constitution.
It was observed by the HC bench that the Supreme Court in a similar matter of State of Rajasthan and Ors. vs. Dr. Mahesh Chand Sharma & Ors had dismissed the challenge by the State against the Rajasthan HC order of granting superannuation relief to Ayurvedic Doctors at parity with Allopathic doctors.
Therefore, the Court had directed the State to reinstate those Ayurvedic Doctors yet to attain the age of 62 years and also provide an enhanced superannuation in line with earlier cases of the similar nature.
To view the Supreme Court order, click on the link below:
