Case Note & Summary
The case involved appeals by the North Delhi Municipal Corporation against a judgment by the Delhi High Court, which upheld a decision by the Central Administrative Tribunal granting ayurvedic doctors the same retirement age of 65 years as allopathic doctors. Prior to 31.05.2016, the retirement age for all doctors was 60 years. Following a government order on 31.05.2016, the retirement age was raised to 65 years for allopathic doctors, but ayurvedic doctors were initially excluded. This led to several Original Applications filed by ayurvedic doctors, including Dr. Ram Naresh Sharma, seeking equal treatment. The Tribunal ruled in favor of the ayurvedic doctors, stating they were entitled to the same retirement age as their allopathic counterparts. The NDMC challenged this decision in the High Court, which dismissed the petitions and affirmed the Tribunal's ruling. The High Court noted that the AYUSH Ministry later extended the retirement age for AYUSH doctors to 65 years effective from 27.09.2017, but the NDMC had not adopted this decision for those retiring between 31.05.2016 and 26.09.2017. The Supreme Court found that the classification between AYUSH and allopathic doctors was discriminatory and ordered that the enhanced retirement age be applied retrospectively from 31.05.2016. The court directed the NDMC to pay the ayurvedic doctors their due salary and benefits, emphasizing that the principle of 'No Work, No Pay' should not apply as the doctors had been providing continuous service. The appeals were disposed of with a directive for payment within eight weeks, with interest on delayed payments.
Headnote
A) Constitutional Law - Discrimination in Employment - Equal Treatment of AYUSH and Allopathic Doctors - Constitution of India, Article 14 - The court held that the classification between AYUSH doctors and allopathic doctors was discriminatory and unreasonable, as both categories perform similar functions in treating patients. The order of the AYUSH Ministry extending the superannuation age to 65 years was to be applied retrospectively from 31.05.2016 to ensure equal treatment (Paras 22-24).
Issue of Consideration
Whether ayurvedic doctors are entitled to the same enhanced superannuation age as allopathic doctors.
Final Decision
The Supreme Court upheld the Tribunal's decision, ordering the NDMC to pay the ayurvedic doctors their full salary arrears and current remuneration within eight weeks, with interest on delayed payments.
Law Points
- Discrimination
- Superannuation Age
- AYUSH
- Constitutional Rights
- Employment Law
