Enhanced superannuation age cannot be denied where an employee in research cadre performs doctor-like clinical duties.

An employee of an autonomous Ayurvedic research council was found entitled to the enhanced superannuation age applicable to AYUSH doctors because the governing bye-laws applied Government retirement rules mutatis mutandis, and his actual duties included regular OPD and IPD patient care. The Orissa HC held that the Tribunal had erred in treating the research cadre label as decisive, since the substance of the work performed was clinical and doctor-like. On that basis, the order denying the benefit was unsustainable, and the writ petition succeeded with the Tribunal's dismissal of the original application set aside.

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Issues: Whether the petitioner, though appointed in a research post in an autonomous Ayurvedic research council, was entitled to the enhanced age of superannuation applicable to AYUSH doctors.

Analysis: The Court noted that the petitioner, while serving in a research capacity, was regularly engaged in OPD and IPD patient care and performed duties similar to those of AYUSH doctors. The bye-laws governing the Council provided that the retirement rules of Government of India, as amended from time to time, and the Fundamental and Supplementary Rules would apply mutatis mutandis to the employees of the Council. The Court further found that the distinction drawn by the Tribunal between an AYUSH doctor and the petitioner was not decisive in view of the actual nature of duties discharged by the petitioner and the governing bye-laws.

Conclusion: The petitioner was held entitled to the benefit of the enhanced superannuation age, and the Tribunal's order was found unsustainable.

Final Conclusion: The writ petition succeeded and the Tribunal's dismissal of the original application was set aside, resulting in relief to the petitioner.

Ratio Decidendi: Where the governing service rules of an autonomous body make Government retirement rules applicable mutatis mutandis, and the employee in substance discharges doctor-like clinical duties, the benefit of the enhanced superannuation age applicable to doctors cannot be denied merely because the appointment is in a research cadre.

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