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SUJOY PAUL, ANIL VERMA
Shashibala Chauhan – Appellant
Versus
State of M. P. – Respondent
ORDER
1. Regard being had to the similitude of the questions involved, on the joint request of the parties, the matters were analogously heard and decided by this common order.
WP No.19104/2020 :--
2. The petitioner, a Staff Nurse, has challenged the constitutionality of explanations Fundamental Rule 56 to proviso to Sub-rule (1-e), (1-j) of Madhya Pradesh Shaskiya Sevak 3 WP No.19104/20 & WP No.3365/14 (Adhivarshiki-Ayu) Sanshodhan Adhiniyam, 2011 (Impugned Adhiniyam), whereby Fundamental Rules are amended and while extending the age of superannuation of every government nurse, explanations are appended which deprives the petitioner, a Staff Nurse working in the Ayush Department of the government.
3. Briefly stated, the relevant facts are that the petitioner underwent a mandatory 18 months training in nursing men, women and children and in Midwifery and in Community Health Nursing in a recognized institute and was declared qualified to practice vide certificate dated 10.11.1983.
4. The Competent Authority by order dated 3rd February 1999 appointed the petitioner as Staff Nurse at Govt. Ayurvedic College, Gwalior. The petitioner was transferred by order dated 31.5.2000 (Annexure P/4
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 In....
The age of superannuation enhancement is only applicable to roles involved in patient treatment, and is not discriminatory to deny it for research-related positions.
(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....
Changes to retirement age rules are prospective and cannot be applied retroactively unless explicitly stated.
Amendments to age of superannuation regulations for doctors uphold administrative authority; no vested rights to administrative posts post-62 years established, ensuring compliance with constitutiona....
Autonomous institute employees not entitled to Ministry's superannuation age enhancement for direct AYUSH doctors.
The Court held that the enhancement of age of superannuation to 62 years is a policy decision of the State Government and does not automatically apply to employees governed by independent Bye-laws.
Reasonable classification under Article 14 allows differentiation in retirement age based on distinct roles and qualifications between medical and non-medical teaching cadres.
Service Matter – Age of retirement – 1 - Every Government servant shall retire from the service on the afternoon of the last day of the month in which he attains the age of sixty years:2- Government ....
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