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TMI Blog2018 (11) TMI 1950X X X X Extracts X X X X X X X X Extracts X X X X ..... o enhance the age of retirement of those doctors who are covered by AYUSH (which includes the Ayurvedic doctors, as well as those practising Unani, Homeopathy etc.) The subsequent decision dated 24.11.2017 has been made effective only from 27.09.2017. Pertinently, the NDMC has followed suit, and the said Governmental decision has been adopted by it. Thus, those Ayurvedic doctors of the NDMC who fall in the window before 31.05.2016 and 26.09.2017 are left out from getting the benefit of the enhancement of age of retirement, while those retiring on or after 27.09.2017 would get the benefit of the retirement age enhancement to 65 years. Those Ayurvedic doctors, who continued to remain in service on or after 27.09.2017, have been extended th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Respondent: Mr. Vijay Sharma and Ms.Swagati, Advocate for R-1. Mr. Arun Bhardwaj, CGSC with Mr.Shashwat Sharma and Mr.Nikhil Bhardwaj and Ms.Gauraan, Advocates for UOI. Mr. Kumar Rajesh Singh, Standing Counsel for EDMC/R-5. And Mr. Abhaya K. Behera, Advocate. JUDGMENT VIPIN SANGHI, J. (ORAL) 1. The petitioner-North Delhi Municipal Corporation ( NDMC ) has preferred the present writ petitions to assail the common order dated 24.08.2017 passed by the Central Administrative Tribunal, Principal Bench, New Delhi ( the Tribunal) in (i) OA No.2712 of 2016, in respect whereof W.P.(C) No. 8704/2017 is preferred; (ii) OA No. 2771 of 2016, (no writ preferred); (iii) OA No. 2946 of 2016, (no writ preferred); (iv) OA No. 40 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... c Doctors. Departments/ Ministries/State Governments/Autonomous institutions were left to take their own decisions - with the approval of their respective competent authorities, regarding the applicability of the said Ministerial decision to enhance the age of superannuation of doctors to 65 years as per their requirements and circumstances. Consequently, the Ayurvedic Doctors etc. were viewed as not covered by the order dated 31.5.2016. This led to the filing of the aforesaid original applications. As noticed above, all the applicants - who are seven in number, except Dr.Pratibha Sharma, were serving as Ayurvedic Doctors with the NDMC, whereas, Dr.Pratibha Sharma was serving with the EDMC. The Tribunal by the impugned order held that the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e administrative posts only till the date of attaining the age of 62 years and thereafter, their service shall be placed in nonadministrative positions. This Ministerial order was adopted by the NDMC. This position becomes clear on perusal of the averments made by the petitioner in CM No.24717/2018 in W.P.(C) 8704/2017. In para 6, the petitioner NDMC has stated that in view of the Notification dated 24.11.2017, the petitioner NDMC is extending the age of superannuation w.e.f. 26.09.2017. It is clarified by Mr. Kanth, learned counsel for the petitioner NDMC that the said averment does not relate to respondent No.2 Dr. Pratibha Sharma in W.P.(C) 8704/2017, who was working with the EDMC, and petitioner NDMC had no jurisdiction over the said Ay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... impugned order for the reason that they happen to be those unfortunate employees, who attained the age of 60 years during the said window of 31.05.2016 to 26.09.2017 and are denied the benefit of enhanced retirement age only on that basis. Those Ayurvedic doctors, who continued to remain in service on or after 27.09.2017, have been extended the benefit of their age of retirement being raised like the other Allopathic doctors (GDMOs) to 65 years. Qua the said private respondents, the present petitions are accordingly dismissed. 9. So far as the case of respondent No.2 Dr. Pratibha Sharma in WP(C) 8704 of 2017 is concerned, we find that she is an employee of EDMC and apparently the EDMC has not adopted the Government Resolution dated 24.1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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