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Supreme Court of India 2021-08-03 allowed

North Delhi Municipal Corporation vs Dr. Ram Naresh Sharma & Ors

Bench: 2 — L. Nageswara Rao, Hrishikesh Roy

In Brief

The Supreme Court held that AYUSH category doctors (practising Ayurveda and other indigenous systems) are entitled to the same enhanced age of superannuation (65 years) as allopathic doctors under the Central Health Scheme, based on identical functions performed. The Court found that differential treatment constitutes discrimination under Article 14 of the Constitution. Applying the legal principle that Court orders shall prejudice no one, the Court ruled that doctors who continuously served under interim High Court orders must receive full salary and arrears, as denial of wages for work performed violates Articles 21 and 23. The AYUSH Ministry order dated 24.11.2017 was ordered to be applied retrospectively from 31.05.2016."

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