New Delhi: The Supreme Court on Friday directed the Rajasthan government to release within a week pending salaries of retired government AYUSH doctors who were reinstated following a high court verdict, and asked why they were given a "step-motherly" treatment.
The state government earlier came to the top court challenging the high court verdict holding that there cannot be a different age of superannuation for allopathic doctors and those practising alternative systems of medicine.
Taking note of the shortage of allopathic doctors, the state government had enhanced their age of retirement from 60 to 62 years with effect from March 31, 2016, leading to litigations by similarly placed government AYUSH (Ayurveda, Yoga, Naturopathy, Unani, Siddha and Homeopathy) doctors in the high court.
The retirement age of AYUSH doctors employed by the government remained unchanged at 60 years. In its judgement, the Rajasthan High Court held all state government doctors should have the same age of retirement. Accepting the grievances of AYUSH doctors, the high court said they will be deemed to be in service up to the age of 62 if they were to retire after March 31, 2016.
A bench headed by Chief Justice D Y Chandrachud on Friday seized the appeals of the state government against the high court verdict. It got irked when the counsel for AYUSH doctors said although they have been taken back into the services, there was a delay of five months in disbursal of their salaries. "They are all working as doctors. Why this step motherly treatment to Ayurveda... why have you not released the salary?" the CJI said.
The bench asked the government to release the salary within a week. Noting the grievances, it said, "We clarify that there is no stay on the observations in the judgement of the high court. In the event that the outstanding the salaries have not been paid, they shall be cleared within a period of one week not only in the case of respondents (AYUSH doctors who have moved the court) but all similarly placed doctors," the bench said.
The bench asked the lawyer to prepare a chart of cases emanating from the issue relating to age of superannuation of doctors in the state. The apex court, on July 19, had agreed to consider the appeal of the Rajasthan government against the high court verdict holding that there cannot be a different age of superannuation for allopathic doctors and those practising alternative systems of medicine.
It had issued notices to the AYUSH doctors on the state's appeal. The top court had also allowed the solicitor general's submission for no coercive action against officials facing contempt in the high court.
"Those who have been superannuated on attaining the age of 60 years, but have not completed the age of 62 years, be reinstated in service forthwith," the high court had ordered. The solicitor general had said around 1,000 such doctors will come back to service due to the high court verdict. The aggrieved AYUSH doctors had alleged in the high court that having different retirement age for two sets of medical practitioners was discriminatory and violated Article 14 (right to equality) of the Constitution.
The state government, on the other hand, had submitted before the high court that since there was a shortage of allopathic doctors serving under it, a decision was taken to raise their retirement age. It had said since a large number of AYUSH doctors were in its employ, raising their retirement age was not considered necessary.
