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2024 Supreme(Online)(KER) 38023

HIGH COURT OF KERALA
BASANT BALAJI, J
DR.ALPHONSA P.P. – Appellant
Versus
UNION OF INDIA – Respondent


JUDGMENT

(W.P(C) Nos. 22106 of 2023 and 16787 of 2024) Dated this the 25 th day of July 2024

The issue in both cases is related to fixing the upper age as 60 for Ayurvedic and Homeopathic Doctors, while the Allopathy doctors are allowed to continue beyond that age. Therefore, these two writ petitions are heard together, and a common judgment is passed.

2. The facts in W.P.(C) No. 22106 of 2023 are stated below-:

The petitioner is a qualified Ayurvedic Medical Practitioner employed under the National Rural Health Mission of National Health Mission and National Ayush Mission and posted at Idukki district on a contract basis. He joined the service on the bonafide belief that his service conditions would be on par with that of Allopathic Doctors as directed by the apex Court in SLP No. 33645 of 2018 dated 24.03.2022. The third respondent issued an order dated 13.07.2021, which shows that the Ayurvedic Doctors have to exit from service upon attaining the age of 60. In contrast, the MBBS Doctors can continue up to 67 in backward districts and 62 years in other districts. Pointing out the clear discrimination, the petitioner filed a representation relying on the orders passed by the apex

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