CENTRAL ADMINISTRATIVE TRIBUNAL CUTTACK BENCH, CUTTACK CORAM:

Reserved on 05.03.2026 Pronounced on 06.03.2026 THE HON’BLE SHRI SUDHI RANJAN MISHRA, MEMBER (J)

THE HON’BLE SHRI PRAMOD KUMAR DAS, MEMBER (A)

Dr. Bikartan Das, aged about 67 years, Son of late Bimbadhar Das, At Bhagi Chakurai, P.O. Dhoba Chakurei, P.S. - Basta, Dist. Balasore, Retired Asst. Director (AY), Central Ayurvedic Research Institution for Hepatobillary Disorder, Bharatpur, Bhubaneswar - 751029, Dist. -

Khurda. VERSUS ……Applicant

1. Union of India, represented through its Secretary to Government, Ministry of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoeopathy (AYUSH), Government of India, New Delhi, Ayush Bhawan, B -Block, GPO Complex, New Delhi 110023.

2. Central Council for Research in Ayurvedic Sciences, Ministry of AUYSH, Government of India, 61-65 Industrial Area, Opposite D Block, Janakpuri, New Delhi 110058, represented through its Director General.

3. Director, Central Ayurvedic Research Institute for Hepatobilliary Disorders, Bharatpur, Bhubaneswar – 751029.

……Respondents For the applicant : Mr. Bikram Senapati, Counsel For the respondents : Mr. D.R.Swain, Counsel O R D E R PRAMOD KUMAR DAS, MEMBER (A):

The applicant was working as a Doctor under Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoeopathy (AYUSH). Since, he attained 60 years of age on 30.04.2018, which is the upper age limit of every govt. employee to retire from service, vide order dated 04.04.2018, he was asked to retire in the afternoon of 30.04.2018. Being aggrieved, he approached this Bench in OA No. 210/2018 praying to quash the order dated 04.04.2018 retiring him w.e.f. 30.04.2018 and allow to continue in service upto 65 years of age since meanwhile, the Fundamental Rule 56 was amended w.e.f. 05.01.2018 enhancing the age of superannuation of AYUSH Doctor to 65 years. By way of interim relief, he prayed to stay the order dated 04.04.2018 and the respondents be directed to allow him to continue in service pending final decision on the said OA No. 210/2018.

2. This Bench admitted the OA No. 210/2018 on 17.04.2018 giving opportunity to the respondents to file reply to the OA as well as prayer for interim relief. Being aggrieved by non-grant of interim order, applicant approached the Hon’ble High Court of Orissa in W.P(C) No. 6663/2018. The Hon’ble High Court of Orissa vide order dated 25.04.2018 disposed of the said Writ Petition with direction to this Bench to dispose of the OA No. 210/2018 by the end of June, 2018 and stayed the order dated 04.04.2018 with direction to the respondents to allow the applicant in his post till disposal of the OA. In compliance of the order of the Hon’ble High Court of Orissa dated 25.04.2018, he continue to discharge his duties.

3. The OA No. 210/2018 was dismissed by this Bench vide order dated 02.11.2020, in pursuance of which, the applicant was retired and relieved from the afternoon of 30.04.2018, i.e. the date on which he attained the age of 60 years, vide order dated 09.11.2020.

4. The applicant challenged the order dated 02.11.2020 passed in OA No. 210/2018 before the Hon’ble High Court of Orissa in W.P(C) No. 30620/2020, in which the Hon’ble High Court of Orissa quashed the order of this Bench vide order dated 17.12.2020 by holding that the applicant is entitled to continue in service till attaining 65 years of age instead of 60. After the order of the Hon’ble High Court of Orissa, he was not allowed to continue since the order of the Hon’ble High Court of Orissa was challenged by the respondents before the Hon’ble Apex Court in Civil appeal No. 3339/2023, which was disposed of on 16.08.2023 by holding that the Govt. Notification dated 05.01.2018 is not applicable to the AYUSH Doctors and, therefore, the applicant is not entitled to continue till attaining the age of 65 years.

5. The applicant has filed this OA on 30.01.2025 stating that since he continued to discharge his duties on the strength of the interim order passed by the Hon’ble