Petition dismissed for retirement age extension for Ayurvedic doctors excluded from 2017 policy benefits

Delhi HC dismissed petition regarding retirement age extension for Ayurvedic doctors. Government of India enhanced retirement age for AYUSH doctors (including Ayurvedic, Unani, Homeopathy practitioners) from 60 to 65 years effective 27.09.2017. NDMC adopted this policy. Ayurvedic doctors retiring between 31.05.2016 and 26.09.2017 remained excluded from benefit, while those continuing service from 27.09.2017 onwards received extended retirement age. Court directed NDMC to pay salary arrears to eligible doctors within four weeks and continue payments until age 65, but prohibited assignment of administrative duties per government decision.

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Issues:
1. Applicability of retirement age enhancement to Ayurvedic doctors.
2. Constitutionality of preferential treatment towards Allopathic doctors.
3. Implementation of government decision on retirement age enhancement.
4. Dismissal of petitions and payment of arrears to respondent-doctors.

Issue 1: Applicability of retirement age enhancement to Ayurvedic doctors
The High Court addressed the issue of retirement age enhancement for Ayurvedic doctors following a government order raising the age of superannuation for Allopathic doctors. The Tribunal held that Ayurvedic doctors were entitled to similar treatment in terms of retirement age as Allopathic doctors under the Central Health Scheme (CHS). Consequently, the Ayurvedic doctors were granted the benefit of extending their retirement age to 65 years, with a direction for reinstatement if retired at 60 years.

Issue 2: Constitutionality of preferential treatment towards Allopathic doctors
The Tribunal found the preferential treatment of Allopathic doctors under CHS over Ayurvedic doctors unconstitutional, violating Article 14 of the Constitution. It held that all medical professionals, including Ayurvedic doctors, should receive similar treatment regarding service conditions and retirement age. The High Court upheld this decision, emphasizing the need for equal treatment across medical streams.

Issue 3: Implementation of government decision on retirement age enhancement
Following the Tribunal's decision, the Government of India issued an order enhancing the retirement age of AYUSH doctors, including Ayurvedic doctors, to 65 years. The High Court noted that this decision was effective from a specific date, leaving some Ayurvedic doctors out of the enhanced retirement age benefit. The NDMC adopted this government decision, extending the retirement age for Ayurvedic doctors falling within the specified window.

Issue 4: Dismissal of petitions and payment of arrears to respondent-doctors
The High Court dismissed the petitions challenging the retirement age enhancement for Ayurvedic doctors, except for one respondent working with the EDMC. It declined to interfere with the impugned order for Ayurvedic doctors serving with the NDMC who retired during the period before the government's decision took effect. The Court directed the NDMC to pay arrears to respondent-doctors who continued to serve after attaining 60 years until the age of 65, with a prohibition on assigning administrative duties as per the government decision.

This detailed analysis of the judgment highlights the key issues addressed by the High Court regarding the retirement age enhancement for Ayurvedic doctors, the constitutionality of preferential treatment, the implementation of government decisions, and the dismissal of petitions with instructions for payment of arrears to respondent-doctors.

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