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SURESH KUMAR KAIT, VIVEK JAIN
O. P. Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
Kait, C.J. -- 1. In all these writ petitions, a common question of fact and law is involved and therefore, they are heard analogously and being disposed of by this common order.
2. For the sake of convenience, the facts and annexures of WP No.17639 of 2022 are being taken into consideration. The reliefs sought for in the matter are as follows :--
“(i) To issue an appropriate writ declaring Sub-Rule (1-c)(a) of the Madhya Pradesh Shaskiya Sevak (Adhivarshiki-Ayu) Sanshodhan Adhiniyam, 2011 being ultra-vires to Constitution of India to the extent that it discriminate between Allopathic Doctors and Veterinary Doctors with respect to date of superannuation.
(ii) To grant any other relief, which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case including cost of the litigation in favour of the petitioner.”
3. The petitioners are qualified Veterinary Surgeons working with the State of Madhya Pradesh in Animal Husbandry and Dairy Department. They joined their services as Veterinary Doctor with the State of M.P. during 1983 to 1988. Initially the age of retirement was 60 years as per Fundamental Rules 56., thereafter, the same was enhanced to 62
Differing retirement ages for Ayurvedic and Allopathic doctors violate Article 14 of the Constitution, as both perform similar functions.
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 discrimination in retirement age among doctors performing similar functions violates equal protection principles, entitling Unani doctors to the same retirement age as Allopathic....
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.
Discriminatory classification of age of superannuation for Ayurvedic doctors violates Article 14 of the Constitution of India.
(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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