The Supreme Court has referred to a larger bench the question whether doctors practising indigenous medical systems such as Ayurveda, Unani, homeopathy can be treated on par with “allopathic” doctors for determining service conditions, retirement age, and pay scales.
On May 13, a bench comprising Chief Justice B R Gavai and Justice K Vinod Chandran reserved its order on the pleas seeking answer to whether there can be a different age of superannuation for doctors practising modern medicine from the practitioners of AYUSH in government hospitals and clinics.
In an order delivered on October 17, the bench said “there is divergence of opinion” on whether doctors of the two systems can be treated equally for service benefits and hence, the issue required an authoritative pronouncement. The court noted that earlier decisions had taken divergent stands on whether AYUSH doctors could claim the same retirement benefits and pay scales as allopathic doctors.“We cannot ignore the submission of the States that enhancement of the retirement age (of allopathic doctors) was only to ensure that there are sufficient experienced medical practitioners available to treat the public.
“The dearth of medical practitioners as occurring in allopathy does not exist in the indigenous systems of medicine especially when critical life-saving therapeutic, interventional and surgical care is not carried out by the practitioners of indigenous systems of medicine.“We are of the opinion that there should be an authoritative pronouncement on the issue and we hence refer the matter to a larger Bench. The Registry is directed to place the matter before the Hon’ble the Chief Justice of India on the administrative side,” the order read.
Pending the larger bench’s decision, the court allowed states and authorities the option to continue AYUSH practitioners beyond their current age of superannuation, up to the retirement age applicable to allopathic doctors, on a temporary basis, but without regular pay and allowances.If the larger bench ultimately rules in favour of AYUSH doctors, they will be entitled to full pay and allowances for the extended period, the court said.
Conversely, those not continued in service would still receive arrears if the issue is decided in their favour later, it added.The bench was hearing as many as 31 petitions on the issue and heard many lawyers, including Solicitor General Tushar Mehta, who appeared for the Rajasthan government, and Ashwini Upadhyaya, who represented a few ayurvedic practitioners.
The AYUSH doctors submitted that they perform the same function of treating and healing their patients and hence, the classification is discriminatory and unreasonable.
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