2019 (3) TMI 2052 - HC - Indian Laws

Extension of the age of retirement for medical practitioners covered by AYUSH from 62 years to 65 years, as in the case of allopathic doctors - HELD THAT - In judgment dated 24.08.2017 passed in a batch of original applications including one bearing No. 2712/2016 titled Dr. Santosh Kumar Sharma vs. Union of India Ors. 2018 (11) TMI 1950 - DELHI HIGH COURT , which involved exactly the same question, the CAT had ruled in favour of the AYUSH medical practitioners and held that they are entitled to benefit of the retirement age of 65 years at par with allopathic doctors working for the government. Following the decision made by the Co-ordinate Bench in North Delhi Municipal Corporation vs. Santosh Kumar Sharma Ors., and in other matters mentioned above the present petition stands dismissed, on the grounds and for the reasons already considered and decided by the Co-ordinate Bench in the aforesaid matter. Petition dismissed.

Summary

Issues involved: Challenge to order extending retirement age for AYUSH medical practitioners from 62 to 65 years.

Analysis:
1. The writ petition challenges the order passed by the Central Administrative Tribunal extending the retirement age for AYUSH medical practitioners. The issue revolves around aligning the retirement age of AYUSH doctors with allopathic doctors, extending it to 65 years.

2. In a previous judgment by the CAT in a similar case, it was ruled that AYUSH medical practitioners are entitled to the retirement age of 65 years, similar to allopathic doctors. This decision set a precedent for the current case.

3. The judgment by the Co-ordinate Bench of the High Court in a batch of writ petitions, including one involving North Delhi Municipal Corporation, upheld the extension of retirement age for AYUSH doctors. The Co-ordinate Bench dismissed the writ petitions, granting relief to AYUSH medical practitioners.

4. The issue in the present petition mirrors the cases previously considered by the Co-ordinate Bench, where the retirement age extension for AYUSH doctors was upheld.

5. Following the decisions made by the Co-ordinate Bench in similar cases, the present petition was dismissed. The dismissal was based on the grounds and reasons already considered and decided in the previous matters, affirming the extension of retirement age for AYUSH medical practitioners to 65 years in line with allopathic doctors.