Point of Law: Once it is found that differentiation is based on reasonable classification, decision cannot be held to be violative of principles of equality enshrined under Articles 14 and 16 of Constitution of India.

JUDGMENT :

SUMAN SHYAM, J.

1. Heard Mr. B.C. Das, learned senior counsel assisted by Mr. S.H. Rahman, learned counsel appearing for the writ petitioners in this batch of writ petitions. Also heard Mr. D. Saikia, learned Advocate General, Assam assisted by Ms. D. Borah, learned Standing Counsel, Health & Family Welfare Department, Assam appearing for the respondents.

2. The issue involved in all these writ petitions is one and the same and therefore, this bunch of writ petitions is being taken up for disposal by this common judgment and order. For the purpose of disposal of all these petitions, the facts involved in WP (C) No. 7707/2018 is referred to herein below.

3. The petitioner no. 1 in WP (C) No. 7707/2018 is an association of the Ayurvedic doctors in Assam which had received recognition from the Government of Assam, Personnel Department vide Notification No. ABP.60/2008/1 dated 01.08.2008. The petitioner Nos.2 and 3 are Ayurvedic doctors who are working as Senior Medical Officer (Ayurved)/Medical Officer (Ayurved). The writ petitioners are primarily aggrieved by the notification dated 30.07.2016 issued by the Secretary to the Government of Assam, Health & Family Welfare (A) Department, by means of which, the age of retirement of the Allopathic doctors and dental surgeons working under the Health & Family Welfare Department of Assam was enhanced from 60 years to 65 years with immediate effect. However, the Ayurvedic doctors were left out from the purview of the said notification as a result of which, their age of retirement continued to remain 60 years. The aforesaid notification was issued in pursuance of the Cabinet decision dated 27.07.2016. Assailing the notification dated 30.07.2016 the petitioners have approached this Court inter-alia contending that the Ayurvedic doctors are performing similar nature of duties as compared to their Allopathic/Dental counterparts and therefore, excluding the Ayurvedic doctors from the purview of the Government notification dated 30.07.2016, in so far as the same relates to the enhancement of retirement age of the doctors is concerned, is highly arbitrary and discriminatory. The petitioners have also contended that in view of the notification dated 24.11.2017 issued by the Joint Secretary to the Government of India, Ministry of Ayurveda, Yoga & Naturopathy, Uniani, Sidddha and Homoeopathy increasing the age of superannuation of all AYUSH doctors under the Ministry of AYUSH working in the CGHS Hospitals/Dispensaries to 65 years with effect from 27.09.2017, the State Government of Assam was under a legal obligation to enhance the age of retirement of the Ayurvedic doctors in Assam also to 65 years. The writ petitioners have therefore, prayed for a writ of mandamus directing the respondents to enhance the age of superannuation of Ayurvedic doctors from 60 years to 65 years so as to align the same with the notification dated 24.11.2017. Individual Ayurvedic doctors have instituted the connected writ petitions asserting their rights on the aforesaid plea.

4. The respondent Nos.2 and 3 i.e. the Principal Secretary to the Government of Assam, Health & Family Welfare Department as well as the Commissioner and Secretary to the Government of Assam, Health & Family Welfare Department have filed a joint affidavit dated 22.09.2021 placing on record, the reason for which Ayurvedic doctors were not considered by the Government for enhancement of the age of superannuation. The reasons furnished by the Government are available in paragraphs 4 and 5 of the said affidavit, which are reproduced herein below for ready reference:

“4. That the deponent begs to state that the cadre strength of the Ayurvedic Doctors under Health & FW Department, Government of Assam is 449 (Sub Divisional Medical Officer Ayur) + Senior Medical Officer (Ayur) + Medical Officer (Ayur) = 50 + 153 + 246). Currently, there are 82 (eighty two) nos. of vacant posts out of the total of 449 (four hundred and forty nine) cadre post.

Further, e