Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. MUHAMED MUSTAQUE, P. KRISHNA KUMAR
R. Sreekumaran S/o Ramakrishnan – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. the petitioners' claim for equal retirement age. (Para 1) |
| 2. apex court's direction on retirement age. (Para 2) |
| 3. court's affirmation of government's policy decision. (Para 3) |
JUDGMENT :
A. Muhamed Mustaque, J.
1. The petitioners are working in the paramedical category under the Directorate of Health Services. They approached the Government for an extension of their retirement age in the light of Annexure A1 Government Order extending the retirement age of medical doctors from 56 to 60 years, and doctors engaged in Medical Education upto 62 years. Their case is that their service forms an integral part of the medical profession, functioning alongside doctors and therefore, they should be treated at par with doctors regarding the retirement age. The Tribunal considered their matter and, taking note of an earlier order passed by this Court in O.P. (KAT).No.139/2022, declined to interfere with the same. O.P. (KAT).No.139/2022 was filed by the State challenging an order of the Tribunal. The Tribunal allowed the applications filed by the Doctors in Ayush Department other than Allopathic system to retire at an age of 60 years at par with Allopathic doctors. This Court in O
The retirement age of government servants is a policy decision by the government and cannot be subject to judicial review or interference.
The court ruled that Ayurvedic Doctors are entitled to the same retirement age as Allopathic Doctors, affirming that discrimination based on classification is unconstitutional.
The court ruled that Ayurvedic doctors are entitled to the same retirement age as Allopathic doctors, affirming that discriminatory classifications violate Article 14 of the Constitution.
The court ruled that discrimination in retirement age among doctors performing similar functions violates equal protection principles, entitling Unani doctors to the same retirement age as Allopathic....
(1) Age of retirement is purely a policy matter that lies within domain of State Government – It is not for courts to prescribe a different age of retirement from one applicable to Government employe....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
