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TMI Blog2020 (12) TMI 1388X X X X Extracts X X X X X X X X Extracts X X X X ..... ordingly allowed and pending applications, if any, stand disposed of. - JUSTICE S.K. PANIGRAHI , KUMARI JUSTICE SANJU PANDA For the Appellant : Asok Mohanty,S.Mohanty (1), T.K.Kamila, L.Pradhan For the Respondent : Mr.Prasanna Ku.Parhi,Asgi ORDER This matter is taken up through video conferencing. The Writ Petition has been filed by the petitioner, who is claiming to get the benefit of extension of superannuation age to 65 like the AYUSH doctors, though he is employed in Central Council for Research in Ayurvedic Service under the Ministry of AYUSH. The instant Writ Petition is directed against the order dated 02.11.2020 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 210 of 2018 wherein the learned Tribunal has dismissed the said O.A. filed by the petitioner. The petitioner was initially appointed vide Order dated 11.10.1985 as Research Assistant (Ayurveda) by the Central Research Institute (Ayurveda) at Unit-1, Bhubaneswar with effect from forenoon of 07.10.1985. The main issue flagged by the present petitioner is, with respect to the applicability of the Notification dated 11.08.2018 issued by the Ministry of Personne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the petitioner. Though, it has been clearly indicated in the said order that doctors shall hold the administrative posts only till the date of attaining the age of 62 years as per the notification dated 11.08.2018 issued by the Ministry of Personnel, Public Grievances and Pensions, (Department of Personnel and Training) Government of India, the superannuation age in respect of the doctors enumerates that:- In the Fundamental Rules, 1922, in rules 56, for clause (bb), the following shall be substituted, namely:- (bb)(i) The age of superannuation in respect of the doctors belonging to (i) Central Health Service; (ii) Indian Railways Medical Service; (iii) AYUSH and working under the Ministry of AYUSH; (iv) Civilian doctors under the Directorate General of Armed Forces Medical Service; (v) Medical Officers of the India Ordnance Factories Health Service; (vi) Dental Doctors under the Department of Health and Family Welfare; (vii) Dental doctors under the Ministry of Railways; and (viii) General Duty Medical Officers, Specialist Grade doctors and Teaching Medical Faculty working in Bhopal Memorial Hospital and Research Centre, Shall be sixty-two ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation age to 65 years is totally against the mandate of law. Learned counsel for the Opposite Parties also submits that the amendment of Fundamental Rules, 1922, in rule 56, does not mention that the age of superannuation for the autonomous organization like the petitioner s organization shall be 65. The superannuation age enhanced to 65 years has been clearly enunciated in that Fundamental Rules, 1922. It is, therefore, clarified that the Fundamental Rules, 1922, in rule 56 is not applicable to the present petitioner. The Rule 56 reads as under:- F.R.56(a) Except as otherwise provided in this rule, every Government servant shall retire from service on the afternoon of the last day of the month in which he attains the age of sixty years: Provided that a Government servant whose date of birth is the first of a month shall retire from service on the afternoon of the last day of the preceding month on attaining the age of sixty years. The decision of the Cabinet is applicable to the AYUSH doctors, who are directly working under the administrative control of Ministry of AYUSH i.e. AYUSH doctors working under CGHS. The said decision is not applicable to autonomous bodies f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the administrative control of Ministry of AYUSH i.e. AYUSH doctors working under CGHS. The decision of the Union Cabinet is not applicable to autonomous bodies functioning under Ministry of AYUSH i.e. Research Councils/National Institute. 3. All such representations are therefore being sent to the respective Councils. It is requested that the Councils may inform them accordingly. Yours faithfully, Sd/- (N. K. Lakhanpal) Senior Consultant The General Duty Medical Cadre of CGHS, are selected through UPSC whereas the petitioner has been recruited directly by the Council. It is, therefore, the extension of the age of superannuation is not automatically applicable to the Medical Officers of CCRAS. Learned counsel for the Union of India also relied on the judgment dated 31.10.2019 in W.P.(C) No.4115 of 2014 filed by the Union of India and Another vs. Association of Employees of Indian Institute of Mass Communication [WP(C) No. 5115 of 2014] , wherein the Delhi High Court has dealt with the issue of applicability of CCS (Pension Rules 1972) to autonomous bodies and held that the said Pension Rule is not applicable to the employees of the autonomous bodies until or u ..... X X X X Extracts X X X X X X X X Extracts X X X X
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