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FARJAND ALI
Mauji Ram Sharma, S/o. Sh. Hari Prasad – Appellant
Versus
State Of Rajasthan, Through Its Secretary, Department Of Ayurved And Indian Medicines – Respondent
ORDER :
(Farjand Ali, J.)
1. The petitioner is an Ayurvedic Doctor and presently posted at Karmawas, Barmer has preferred the instant Writ Petition under Article 226 of the Constitution of India seeking a direction for the respondents to allow him to continue in service till attaining the age of 62 years with all consequential benefits. The date of birth of the petitioner is 25.10.1964 and the respondents would be going to retire him from service on 31.10.2024 upon attaining the age of 60 years.
2. The facts relevant for disposal of the instant writ petition are that the Government of Rajasthan issued a Notification dated 31.03.2016 whereby the age of superannuation for the Allopathic Doctors working under the Government of Rajasthan was enhanced to 62 years than to 60 years. Some Ayurvedic doctors preferred a batch of writ petitions led by DBCWP No.13496/2021 (Dr. Mahesh Chandra Sharma & Ors. Vs. State of Rajathan & Ors.) decided on 13.07.2022 wherein it was held that there cannot be any discrimination in the age of superannuation between the Allopathic Doctors and the Ayurvedic Doctors. The said writ petition was decided by relying upon the decision rendered by Hon’ble the Supreme C
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....
Discriminatory classification of age of superannuation for Ayurvedic doctors violates Article 14 of the Constitution of India.
Differing retirement ages for Ayurvedic and Allopathic doctors violate Article 14 of the Constitution, as both perform similar functions.
(1) ‘No work should go unpaid’ should be appropriate doctrine to be followed in these cases where service rendered by respondent doctors have been productive both for patients and also employer.(2) D....
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