Read Time: 06 minutes

The Supreme Court on Tuesday observed that ayurvedic doctors covered under AYUSH were also entitled to the benefit of enhanced superannuation age of 65 years at par with allopathic doctors. 

A division bench of Justice LN Rao and Justice Hrishikesh Roy remarked that, 

“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 bench in the present matter was hearing an appeal against the order passed by Delhi High Court whereby the Court upheld the order dated August 24, 2017, passed by Central Administrative Tribunal, and dismissed the pleas filed by North Delhi Municipal Corporation (“NDMC”). The Tribunal had declared ayurvedic doctors covered under AYUSH were also entitled to the benefit of enhanced superannuation age of 65 years (raised from 60 years), just like the allopathic doctors. The entitlement was to continue in service up to 65 years and receive due remuneration for the same. 

While upholding the contentions of the Central Administrative Tribunal and the Delhi High Court, the Top Court observed that the classification was discriminatory and unreasonable since doctors under both segments were performing the same function of treating and healing the patients. 

“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,” Court said.

The order of the AYUSH Ministry dated 24.11.2017 extending the age of superannuation to 65 Years also endorses such a view. This extension is in tune with the notification of the Ministry of Health and Family Welfare dated 31.05.2016.

The court also directed for applying the order of AYUSH Ministry dated November 24, 2017, retrospectively applied from May 31, 2016 to all the respondent doctors. 

In addition to this the Court also said that the action of NDMC of not paying the doctors their due salary and benefits while their counterparts in CHS system received salary and benefits in full was discriminatory and the respondent doctors were entitled to their full salary arrears and ordered the same to be disbursed within a period of 8 weeks from the date of judgment. 

Directions were also issued that belated payment beyond the stipulated period would carry interest at the rate of 6% from the date of Court’s order until the date of payment.

Case Title: North Delhi Municipal Corporation versus Dr. Ram Naresh Sharma & Ors.