Why Stepmotherly Treatment To Ayurvedic Doctors? Supreme Court Pulls Up Rajasthan Govt For Non-Release Of Salaries

The Supreme Court today (September 27) expressed displeasure over the 'stepmotherly treatment' meted out by the State of Rajasthan to Ayurvedic doctors by the delay of 5 months in releasing the salaries of those Doctors who were reinstated after the High Court's order. 

The bench of CJI DY Chandrachud and Justice Manoj Misra was hearing 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 counsel for the doctors informed that subsequent to the impugned High Court order, the Ayurvedic Doctors were reinstated but have not received salaries for the past 5 months. 

Taking serious note of the delay in releasing the salaries of the  Ayurvedic Doctors, the CJI remarked " They are all working as doctors, Why is this step motherly treatment to Ayurveda (doctors)? Why haven't you released the salary of Ayurvedic doctors?"

The bench directed the State Government to release the salaries of the respondents and all the similarly placed doctors within one week as there was no stay on the operation of the High Court's order. 

"In the last 5 months, the respondents have not been paid their salary despite the order of the HC. We clarify that there is no stay on the observation of the judgement of the HC and in the event  that the outstandings towards the salaries have not been paid, they shall be cleared within a period of one week  not only in the case of respondents but all similarly placed doctors" 

The Court had previously issued notice in a similar matter.

The bench has asked the counsels to prepare a list of all such cases arising out of the same question of law - whether the age of superannuation of Ayurvedic Doctors be same as Allopathic ones. 

Background  

The Rajasthan High Court on February 28 allowed a batch of writ petitions seeking enhanced age of superannuation for Ayurvedic Doctors at parity with the Allopathic Doctors. The Court noted that the state authorities had increased the superannuation of Allopathic Doctors from 60 years to 62 years w.e.f 31.3.2016. It was contended by the petitioners that such a selective enhancement of retirement age was discriminatory against the Ayurvedic Doctors and therefore violative of Article 14 of the Constitution. 

The High Court noted that the Supreme Court had ,in a similar case of State of Rajasthan and Ors. vs. Dr. Mahesh Chand Sharma & Ors, dismissed the challenge by the State against the order of the Rajasthan High Court granting superannuation relief to Ayurvedic Doctors at parity with Allopathic ones.

The High Court directed the state authorities to pass orders to reinstate those Ayurvedic Doctors yet to attain the age of 62 years and also provide an enhanced superannuation in line with earlier cases of the similar nature.

Case Details : STATE OF RAJASTHAN AND ORS. Versus PYARE LAL MEENA AND ORS.SLP(C) No. 10560/2024