New Delhi, Oct 20: The Supreme Court has referred to a larger bench the question of whether practitioners of indigenous medical systems such as Ayurveda, Unani, and Homeopathy (AYUSH) can be treated on par with allopathic doctors for determining service conditions, retirement age, and pay scales.
The decision follows a May 13 hearing, where a bench led by Chief Justice B.R. Gavai and Justice K. Vinod Chandran had reserved its order on pleas challenging the different retirement ages for allopathic and AYUSH doctors in government service. The bench noted a “divergence of opinion” in previous rulings, prompting the reference to a larger bench for an authoritative pronouncement.
Until the larger bench decides, states can continue AYUSH doctors beyond their current superannuation age up to the allopathic retirement age, but without regular pay and allowances. Those allowed to continue in service will receive half pay and allowances, adjustable against pension or emoluments based on the final ruling.
The litigation arose after the Rajasthan government increased the retirement age of allopathic doctors from 60 to 62 years in 2016 due to shortages. AYUSH doctors challenged the policy, claiming it violated Article 14 (right to equality), as they perform similar patient care functions. The Rajasthan High Court had supported the AYUSH doctors’ plea, prompting the state government to appeal to the Supreme Court.
Solicitor General Tushar Mehta and other counsels argued on behalf of the state and practitioners. The court observed that if AYUSH doctors are ultimately deemed eligible, they would receive full pay and arrears for the extended period of service. Around 1,000 doctors are expected to be affected by the ruling.
The SC’s larger bench will now examine the issue of equitable treatment for AYUSH doctors vis-à-vis their allopathic counterparts. (Agencies)
