Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law: Age of superannuation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service law: Age of superannuation – Ayurvedic doctors covered under AYUSH – Benefit of enhanced superannuation age of 65 years along with renumeration like allopathic doctors – Entitlement to – Tribunal holding that the applicants-ayurvedic doctors covered under AYUSH entitled to the benefit of enhanced superannuation age of 65 years (raised from 60 years), just like the allopathic doctors – Upheld by the High Court – On appeal, held: Applicants have continuously served in hospitals till attaining the enhanced age of superannuation i.e. 65 years vide the AYUSH Ministry order dated 24.11.2017 and by virtue of interim order of the High Court – Principle of ‘No Work, No Pay’ would not be applicable – Service rendered by the applicant-doctors having been productive both for the patients and also the employer, the basic benefit of salary cannot be denied to the doctors – Government not paying the applicants their due salary and benefits, while their counterparts in CHS received salary and benefits in full, is discriminatory – State cannot plead financial burden to deny salary for the legally serving doctors, else it would violate their rights u/ Arts. 14, 21 and 23 – Thus, applicants entitled to their lawful remuneration-arrears –Constitution of India – Arts. 14, 21 and 23. Constitution of India: Art. 14 – Classification and intelligible differentia – Classification of AYUSH doctors and doctors under Central Health Scheme in different categories – Held: Is discriminatory and unreasonable since doctors under both segments are performing the same function of treating and healing their patients – Only difference is the mode of treatment which does not qualify as an intelligible differentia – Thus, such unreasonable classification and discrimination, inconsistent with Art. 14 – Further, no rational justification for having different dates for bestowing the benefit of extended age of superannuation to these two categories of doctorsHence, the order of AYUSH Ministry dated 24.11.2017 to be retrospectively applied from 31.05.2016 to all concerned AYUSH doctors. |
Judge | Hon'ble Mr. Justice Hrishikesh Roy |
Neutral Citation | 2021 INSC 376 |
Petitioner | North Delhi Municipal Corporation |
Respondent | Dr. Ram Naresh Sharma & Ors. |
SCR | [2021] 8 S.C.R. 79 |
Judgement Date | 2021-08-03 |
Case Number | 4578 |
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