AYUSH & Allopathic Doctors Different Retirement Age is not justified.

Case: North Delhi Municipal Corporation vs Dr. Ram Naresh Sharma and others

Coram: Justices L Nageswara Rao and Hrishikesh Roy

Case No: Civil Appeal No. 4578 of 2021

Court Observation: “The only difference is that AYUSH doctors are using indigenous systems of medicine like Ayurveda, Unani, etc. and CHS doctors are using Allopathy for tending to 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 of the Constitution”

“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. Hence, the order of AYUSH Ministry (F. No. D. 4019/4/2016¬E¬I (AYUSH)) dated 24.11.2017 must follow from this conclusion”

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Keywords

AYUSH & Allopathic Doctors, Supreme Court, Retirement Age & Judgment.