Should Ayurveda practitioners Have the Same Retirement Age as Allopathic doctors? SC Issues Notice
New Delhi: The question of whether Ayurvedic Doctors should be granted extended service periods and retire at the same time as Allopathic doctors is now being considered by the Supreme Court.
While considering a plea filed by the Rajasthan Government against the Rajasthan high court Order granting enhanced superannuation for Ayurvedic Doctors on par with Allopathic doctors, the Ape Court bench comprising of the Chief Justice of India issued notice in the matter on Friday i.e. on May 3rd, 2024.
The Court opined that while Ayurvedic Doctors were contributing immensely to society, the directions to reinstate retired doctors may involve matters of policy, reports Live Law.
Initially, the CJI observed that there was no existing difference in the quality of service and efforts provided by the Ayurveda and Allopathic Doctors and therefore it would be logical to grant such parity.
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"Today we are valuing the Ayurvedic Doctors, why should it be that the Ayurvedic doctors don't retire at the same age as Allopathic doctors?....ultimately they are also doing valued service and are within the same state," the CJI was quoted noting by Live Law.
Meanwhile, the counsel for the State of Rajasthan, the Solicitor General of India (SG) Mr. Tushar Mehta submitted that because of the concerned doctors, more than a thousand Ayurvedic doctors, who have retired, will not be taken back till the enhanced age of superannuation.
He submitted, "Let there be prospective overruling. Now the difficulty is , with this very ruling is, they have already retired, they filed a petition and now they are supposed to be taken back till they reach the age of 65 years now....there are more than 1000 doctors, so they will come back. This will apply to Unani, AYUSH, Sidha, Homeopathy , everyone."
Responding to this suggestion, the CJI noted, "It does entrench on an issue of policy actually. We will issue notice."
Live Law reported that the Rajasthan HC back on February 28 allowed a batch of pleas seeking enhanced retirement age for Ayurvedic Doctors, making it at par with the Allopathic practitioners.
The HC bench observed that the State authorities had increased the superannuation of Allopathic Doctors from 60 years to 62 years w.e.f. 31.03.2016. The petitioners contended that such selective retirement age was discriminating against the Ayurvedic Doctors and therefore was violating Article 14 of the Constitution.
While considering the matter, the HC bench observed that the Supreme Court in the case of State of Rajasthan and Ors. vs. Dr. Mahesh Chand Sharma & Ors had dismissed the challenge by the State against the order by the Rajasthan High Court granting superannuation relief to the Ayurvedic Doctors at parity with the Allopathic practitioners.
Therefore, the HC bench directed the State authorities to pass orders reinstating 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.
"The respondents are required to pass necessary orders in compliance of the order passed by this Court. Those who have been superannuated on attaining the age of 60 years, but have not completed the age of 62 years, be reinstated in service forthwith," the court had ordered.
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.
