The Supreme Court issued notice on a petition filed by the State of Rajasthan against the Rajasthan High Court order directing the grant of enhanced superannuation for Ayurvedic Doctors at parity with Allopathic ones.

The Court noted that Ayurvedic Doctors make significant contributions to society. However, it expressed concerns that the directive to reinstate retired doctors could encroach upon matters of policy.

Initially, the Chief Justice of India (CJI) held the opinion that there was no distinction in the quality of service and dedication between Ayurvedic and Allopathic Doctors. Therefore, granting parity between the two would be a logical step.

"Why should it be that Ayurvedic doctors don't retire at the same age as Allopathic doctors? Today, we are recognizing the value of Ayurvedic Doctors; ultimately, they are also providing valuable services within the same state.''

Mr. Tushar Mehta, the Solicitor General of India representing the State of Rajasthan, submitted that due to the contested order, over a thousand retired Ayurvedic doctors would now be reinstated until the enhanced age of superannuation.

On February 28, the Rajasthan High Court granted a batch of writ petitions, agreeing to enhance the age of superannuation for Ayurvedic Doctors to match that of Allopathic Doctors. The court observed that state authorities had already extended the superannuation age of Allopathic Doctors from 60 to 62 years starting March 31, 2016.

The petitioners argued that the selective increase in retirement age constituted discrimination against Ayurvedic Doctors, thus contravening Article 14 of the Constitution.

The High Court observed that the Supreme Court had previously dismissed a challenge by the State in a similar case, State of Rajasthan and Ors. vs. Dr. Mahesh Chand Sharma & Ors., where the Rajasthan High Court's decision to grant superannuation relief to Ayurvedic Doctors at parity with Allopathic Doctors was upheld.

The High Court directed the state authorities to issue orders for the reinstatement of Ayurvedic Doctors who had not yet reached the age of 62 years. Additionally, it instructed the authorities to provide enhanced superannuation in accordance with previous similar cases.

Case Details : STATE OF RAJASTHAN AND ORS. Versus ANISUR RAHMAN SLP(C) No. 9563/2024