Autonomous institute employees not entitled to Ministry's superannuation age enhancement for direct AYUSH doctors.

ORDER

Per: RANJANA SHAHI, JUDICIAL MEMBER

At the request of learned counsels for the parties, OA No. 63/2018, OA No. 334/2018, OA No. 335/2018 and OA No. 421/2019 with MA No. 651/2019 are taken up together for disposal as common question of law and facts is involved in the aforesaid matters/OAs.

2. For the sake of convenience, brief facts of OA No. 63/2018 are taken up. The relief sought for by the applicant in the said OA is as under: -

i) to declare the impugned order dated 16.01.2017 (Annex. A/1) to be illegal and unconstitutional and the same may kindly be quashed and set aside qua the applicant.

ii) to declare the action of the respondents in not extending the benefit of order dated 24.11.2017 issued by the Ministry of AYUSH to the faculty of National Institute of Ayurveda, Jaipur as illegal and unconstitutional and the respondent No. 2 may be directed to issue formal order for implementing the order dated 24.11.2017 to the doctors working with the respondent No. 2 with all consequential benefits;

iii) directing the respondents to allow the applicant to continue in the services of the respondent No. 2 till he attains the age of 65 years with all consequential benefits;

Any other order or direction which this Hon'ble Tribunal may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of humble applicant including award of cost of this original application.”

3. The brief facts of the case, as stated by the applicant, are that he retired from the post of Associate Professor w.e.f. 31.01.2018 on attaining the age of superannuation i.,e. 60 years from the National Institute of Ayurveda, Jaipur, which was established by Government of India. The Ministry of Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homoeopathy (AYUSH), Government of India vide order dated 24.11.2017 (Annexure A/7) enhanced the age of superannuation of the AYUSH Doctors under the Ministry of AYUSH and those working in CGHS Dispensaries / Hospitals to 65 years w.e.f. 27.09.2017.

4. Through the present O.A., the applicant is seeking extension of the benefit of aforesaid order dated 24.11.2017 issued by the Ministry of AYUSH whereby the retirement age of AYUSH Doctors working under the Ministry of AYUSH and those working in CGHS Dispensaries / Hospitals has been enhanced to 65 years. The Jodhpur Bench of this Tribunal vide its order dated 30.01.2018 had ordered status quo with regard to services of the applicant. The applicant is seeking the extension of the benefit of the aforesaid order dated 24.11.2017 enhancing the age of superannuation to 65 years on the ground that the National Institute of Ayurveda is fully financed and controlled by the Ministry of AYUSH and the applicant being a Professor in Ras Shastra in the respondent-Institute discharged all duties and functions as being discharged by AYUSH doctors under the Ministry of AYUSH and working in CGHS Dispensaries / Hospitals.

5. The applicant asserts that since the Government of India, Ministry of AYUSH has increased the retirement age of AYUSH doctors and doctors working in CGHS Dispensaries / Hospitals, as such, the retirement age of the applicant working in the National Institute of Ayurveda, which is fully financed and controlled by Ministry of AYUSH, should also be enhanced.

6. The respondents in their reply have stated that Government of India, Ministry of AYUSH has enhanced the age of superannuation to 65 years vide its order dated 24.11.2017 of the AYUSH Doctors under the Ministry of AYUSH and working in CGHS Dispensaries / Hospitals w.e.f. 27.09.2017. From the said order,