The High Court has once again given great relief to the employees. In fact, while giving a big decision on the retirement age, the High Court has directed the employees to be entitled to equal benefits and other benefits including pension benefits, including increasing the retirement age by 2 years.
In fact, a writ petition challenging the notification of the state government was filed in the High Court. On which the Jaipur Bench of the High Court held that the notification creates discrimination among the employees. In fact, under the notification of the state government, the retirement age of doctors of only medical and health services except Ayurveda has been increased from the age of 60 to 62 years.
Naturopathy doctors including Unani Homeopath Ayurveda have been excluded from this order. On which the writ order was issued by the petitioner aggrieved by the deprivation of benefits. For this he had approached the court. A writ petition was filed in the Rajasthan High Court challenging the notification of the state government.
Hearing the petition, the Jaipur bench of the High Court observed that the notification for raising the retirement age benefitted only doctors of medical and health services, while the Department of Ayurveda Medicine, Unani Homeopaths and Naturopathy doctors were excluded from this order. Has been done. This is a very discriminatory attitude. During the hearing, the court said that the benefits of all the consequences, including the reconstruction of pension, should be given to the petitioner normally. Also the dues and interest amount for premature retirement should be paid in full.
Not only this, a division bench of Chief Justice Manindra Mohan Srivastava and Justice Vinod Kumar Bharwani has termed the notification as unconstitutional and termed it discriminatory and permissible under Article 14 of the Constitution of India. The court clarified that while the doctors of both the divisions are performing essentially the same main function. Their care including treating the patients is the same. The methods of treatment whether allopathy or ayurveda have been used. It cannot be classified as its difference.
On which the High Court has ordered that such Ayurveda doctors who have retired prematurely before the issuance of the notification. They should be given equal benefits, they should be made available other benefits of results including pension benefits. Also, he should be allowed to continue in service till he attains the age of 62 years.
