Reasonable classification under Article 14 allows differentiation in retirement age based on distinct roles and qualifications between medical and non-medical teaching cadres.

JUDGMENT :

The present writ petition has been filed for quashing the reasoned order as contained in memo no. 479 dated 02.03.2021 (Annexure-14 to the writ petition) passed by the respondent no. 3 – the Director, RINPAS, Kanke, Ranchi, wherein it has been stated in the light of decision taken by the Managing Committee of Ranchi Institute of Neuro Psychiatry & Allied Sciences (RINPAS) that on attaining the age of 62 years, the date of retirement of the petitioner has been considered as 28.02.2021 since the retirement age of non-medical teachers of RINPAS is 62 years. Further prayer has been made for issuance of direction upon the concerned respondent(s) to allow the petitioner to continue in the service till he attains the age of 65 years, as the retirement age of medical teachers has been increased from 62 years to 65 years as per resolution contained in memo no. 204 (9) dated 22.09.2014 (Annexure-6 to the writ petition) issued by the Department of Health, Medical Education and Family Welfare, Government of Jharkhand. The petitioner has also prayed for quashing the resolution as contained in memo no. 204 (9) dated 22.09.2014 issued by the Department of Health, Medical Education and Family Welfare, Government of Jharkhand, whereby the age of superannuation of medical teachers of RINPAS has been enhanced from 62 to 65 years, since the same is discriminatory and unconstitutional.

2. Learned Senior Counsel for the petitioner submits that the petitioner was appointed as Assistant Professor in Clinical Psychology vide letter as contained in memo no. 178 dated 25.01.2005. He was promoted to Associate Professor, Clinical Psychology with effect from 01.01.2009 and subsequently promoted to the post of Additional Professor, Clinical Psychology with effect from 01.01.2012. He has been engaged in OPD and Ward Duties since the year 2005 besides teaching as well as research works in RINPAS.

3. It is further submitted that the retirement age of the faculty teachers in RINPAS was increased from 60 years to 62 years vide notification as contained in memo no. 254 (7A) dated 17.07.2010 and thereafter, the retirement age of the petitioner was also increased accordingly. At present, the retirement age of medical teachers of RIMS, Ranchi and RINPAS has been increased from 62 years to 65 years vide resolution as contained in memo no. 204 (9) dated 22.09.2014 and thus, a discrimination has been made by the said resolution between the medical teachers and the non-medical teachers. On perusal of faculty positions mentioned in Advertisement No. DIR/VI/04-01 dated 01.06.2004, it would be evident that the persons appointed as Professor, Associate Professor, Assistant Professor and Lecturer in Medical Specialty and Non-Medical Specialty come under one cadre position which includes all teaching faculties. In fact, no difference between medical teachers and non-medical teachers has been shown in the said faculty positions. Learned Senior Counsel for the petitioner also submits that under the new service rules of RINPAS namely, RINPAS Teaching Cadre (Appointment, Promotion and Service Condition) Rules, 2020 (hereinafter referred to as ‘the Rules, 2020’) notified by the Department of Health, Medical Education and Family Welfare, Government of Jharkhand vide notification No. 83(12) dated 06.08.2020