Gauhati High Court Dismisses Petitions Challenging Assam Govt’s Decision To Not Increase Retirement Age Of Ayurvedic Doctors From 60 To 65
1 year, 8 months ago

Gauhati High Court Dismisses Petitions Challenging Assam Govt’s Decision To Not Increase Retirement Age Of Ayurvedic Doctors From 60 To 65

Live Law  

The Gauhati High Court on Wednesday dismissed a bunch of writ petitions challenging Assam government’s 2016 decision to not increase the age of retirement of Ayurvedic doctors from 60 to 65 years. It was further argued that in view of the notification dated November 24, 2017 issued by the Joint Secretary to the Government of India, Ministry of Ayurveda, Yoga & Naturopathy, Uniani, Sidddha and Homoeopathy increasing the age of superannuation of all AYUSH doctors under the Ministry of AYUSH working in the CGHS Hospitals or Dispensaries to 65 years with effect from September 27, 2017, the State Government of Assam was under a legal obligation to enhance the age of retirement of the Ayurvedic doctors in Assam also to 65 years. He relied upon the judgment of the Supreme Court in North Delhi Municipal Corporation v. Dr. Ram Naresh Sharma & others wherein the Supreme Court held that no classification between the Allopathic doctors and their Ayurvedic counterparts was permissible and noted that Ayurvedic doctors were also entitled to the benefit of enhancement of retirement age as notified by the Central Government’s order dated November 24, 2017. The court relied upon the judgment of the Gauhati High Court in Anil Kumar Saikia v. State of Assam and others wherein it was held that in the absence of challenge to the Cabinet decision the consequential notification of enhancement of age of superannuation would not be maintainable in the eyes of law.

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History of this topic

Ayurvedic/AYUSH Doctors Can't Seek Parity With Medical Doctors : Supreme Court Reiterates
3 months, 1 week ago

Ayurvedic/AYUSH Doctors Can't Seek Parity With Medical Doctors : Supreme Court Reiterates

Live Law  

While dismissing a special leave petition, the Supreme Court recently reiterated that Ayurvedic/AYUSH doctors cannot seek parity with medical doctors. The order was passed noting the qualitative distinction between the academic qualifications and standard of imparting of the respective degree courses. "we are satisfied on facts that the Ayurvedic or AYUSH doctors serving in the State of Kerala, having regard …

Why Shouldn't Ayurvedic Doctors Have Same Retirement Age As Allopathic Doctors? Supreme Court Asks Rajasthan Govt
10 months, 2 weeks ago

Why Shouldn't Ayurvedic Doctors Have Same Retirement Age As Allopathic Doctors? Supreme Court Asks Rajasthan Govt

Live Law  

The Supreme Court on Friday issued notice on a petition filed by the State of Rajasthan against the Rajasthan High Court order directing grant of enhanced superannuation for Ayurvedic Doctors at parity with Allopathic ones. "Today we are valuing the Ayurvedic Doctors, why should it be that the Ayurvedic doctors don't retire at the same age as Allopathic doctors?.ultimately they …

Gauhati High Court Seeks Assam Govt's Response To PIL Challenging Repeal Of Muslim Marriages & Divorces Act
10 months, 3 weeks ago

Gauhati High Court Seeks Assam Govt's Response To PIL Challenging Repeal Of Muslim Marriages & Divorces Act

Live Law  

The Gauhati High Court has recently asked the Assam Government to file its response by June 24 in a plea challenging the repeal of the Assam Muslim Marriages and Divorces Registration Act of 1935. The division bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam has issued notice to the State Government in a writ petition filed by the …

Supreme Court Refuses To Recall Judgment Holding That Ayurved Doctors Can't Have Equal Pay As Allopathy Doctors; Asks Parties To Seek Review
1 year, 6 months ago

Supreme Court Refuses To Recall Judgment Holding That Ayurved Doctors Can't Have Equal Pay As Allopathy Doctors; Asks Parties To Seek Review

Live Law  

The Supreme Court on Tuesday refused to entertain applications seeking recall of its judgment delivered on April 26, 2023, which held that Ayurved doctors cannot claim equal pay as Allopathy doctors. The Court also deferred the hearing of an application filed by the National Commission for Indian System of Medicine seeking modification of the judgment till the final disposal of …

Retired Employees Can't Claim Benefit Of Subsequent Govt Decision To Increase Retirement Age : Supreme Court
1 year, 6 months ago

Retired Employees Can't Claim Benefit Of Subsequent Govt Decision To Increase Retirement Age : Supreme Court

Live Law  

The Supreme Court has dismissed a petition filed by a group of teachers in Homeopathic Medical Colleges in Kerala seeking increase of their retirement age from 55 years to 60 years at par with the teachers of other Medical Colleges.The appellants approached the Supreme Court in 2010 challenging the refusal of the Kerala High Court to grant them relief. The …

Setting Different Retirement Age For Allopathic & Ayurvedic Doctors Discriminatory, Unconstitutional: Rajasthan High Court
2 years, 5 months ago

Setting Different Retirement Age For Allopathic & Ayurvedic Doctors Discriminatory, Unconstitutional: Rajasthan High Court

Live Law  

While dealing with a writ petition challenging a Rajasthan Government notification, the Jaipur Bench of the High Court held that the distinction created between 'Allopathic' and 'Ayurvedic' doctors by setting different retirement ages, is unconstitutional. Aggrieved by the notification and the deprivation of the benefits thereof, the petitioners approached the court praying for the issuance of an appropriate writ, order …

Ayurvedic Doctors Entitled To Continue In Service Till Completion Of Age of 62 Years, As Applicable For Allopathic Doctors: Rajasthan HC
2 years, 7 months ago

Ayurvedic Doctors Entitled To Continue In Service Till Completion Of Age of 62 Years, As Applicable For Allopathic Doctors: Rajasthan HC

Live Law  

While hearing a batch of writ petitions challenging different age of superannuation for Allopathic Doctors vis-a-vis Ayurvedic Doctors, the division bench of Rajasthan High Court observed that Ayurvedic Doctors are entitled to continue in service till completion of age of 62 years, which is applicable in the case of Allopathic Doctors. LL 2021 SC 346, the Supreme Court had observed …

Assam Rifles Rules | State Cannot Prematurely Retire Officers Without Following Due Procedure: Gauhati High Court
2 years, 8 months ago

Assam Rifles Rules | State Cannot Prematurely Retire Officers Without Following Due Procedure: Gauhati High Court

Live Law  

The Gauhati High Court has held that the State cannot prematurely retire members of the Assam Rifles Battalion citing 'low medical categorisation' without following the procedure laid down by the statute applicable to the organization. In the present case, the Petitioner had been retired by invoking Rule 48 of the Central Civil Service Rules, 1972, whc provides for Retirement on …

Enhancing Retirement Age Of AYUSH Doctors A Policy Decision: Kerala High Court Asks State To Decide Expeditiously
2 years, 8 months ago

Enhancing Retirement Age Of AYUSH Doctors A Policy Decision: Kerala High Court Asks State To Decide Expeditiously

Live Law  

The Kerala High Court on Monday set aside the order of the State Administrative Tribunal that directed the State government to enhance the retirement age of doctors in the AYUSH department to 60 years as done for doctors in the Health Department, citing that this was a state policy.A Division Bench of Justice A.K Jayasankaran Nambiar and Justice Mohammed Nias …

Ayurvedic Doctors Entitled To Be Paid Salary At Par With Allopathic Doctors Under NHM Scheme: Gauhati High Court
2 years, 11 months ago

Ayurvedic Doctors Entitled To Be Paid Salary At Par With Allopathic Doctors Under NHM Scheme: Gauhati High Court

Live Law  

The Gauhati High Court has directed the state government to pay and release the salary to the contractual Ayurvedic doctors at par with the contractual Allopathic Medical Officers of the NHM, Assam with retrospective effect from December 18, 2018.The bench of Justice Michael Zothankhuma ordered thus as it took into account the order of the Uttarakhand High Court and. The …

Odisha Judicial Service: High Court Turns Down Plea To Relax 'Upper Age Limit'
2 years, 11 months ago

Odisha Judicial Service: High Court Turns Down Plea To Relax 'Upper Age Limit'

Live Law  

The Orissa High Court has recently dismissed a writ petition which sought for relaxation in the ' upper age limit ' of the Odisha Judicial Service. It may also be noted that under Rule 41 of the OSJS and OJS Rules while certain provisions of the Odisha Civil Services Rules, 1962 and the provisions of the Odisha Service Code have …

Supreme Court Upholds Gauhati HC's Order Awarding 10.5 Additional Marks To Assam Civil Services Exam Candidate
3 years ago

Supreme Court Upholds Gauhati HC's Order Awarding 10.5 Additional Marks To Assam Civil Services Exam Candidate

Live Law  

The Supreme Court on Monday upheld the order of the Gauhati High Court to award additional 10.5 marks to a candidate who appeared for the Combined Competitive Examination, 2015 for recruitment to various posts of the Assam Civil Services. Essentially, the Bench of Justice S. Abdul Nazeer and Justice Krishna Murari was hearing a plea moved by the Assam Public …

Orissa High Court Upholds Compulsory Retirement Order Passed Against A Judicial Officer For Being Inefficient
3 years, 1 month ago

Orissa High Court Upholds Compulsory Retirement Order Passed Against A Judicial Officer For Being Inefficient

Live Law  

The Orissa High Court last week dismissed a writ plea filed by a Judicial Officer challenging the order of compulsory retirement passed agaisnt him in the year 2012 on account of not possessing the standard efficiency required to discharge the duty of a Judge.While referring to the ruling of the Supreme Court in the case of Rajasthan State Road Transport …

Different Retirement Age For AYUSH & Allopathic Doctors Not Justified : Supreme Court
3 years, 7 months ago

Different Retirement Age For AYUSH & Allopathic Doctors Not Justified : Supreme Court

Live Law  

The Supreme Court has observed that there is no rational justification for different age of retirement for doctors practicing AYUSH system of medicines and allopathic doctors. The Court observed that the mode of treatment by itself will not qualify as an "intelligible differentia" between two categories as far as retirement age is concerned.A division bench comprising Justices L Nageswara Rao. …

Gauhati High Court Seeks State Govt's Response On Vaccination Of Persons Not Having Proper Identification Documents
3 years, 7 months ago

Gauhati High Court Seeks State Govt's Response On Vaccination Of Persons Not Having Proper Identification Documents

Live Law  

The Gauhati High Court has sought response of Health and Family Welfare Department of State of Assam in respect of vaccination status of persons who are not having proper identification documents.A division bench comprising of Chief Justice Sudhanshu Dhulia and Justice Manash Ranjan Pathak directed the Assam Government to file affidavit within two weeks.The Court also sought response as to. …

"Exorbitant Prices Charged By Pvt Hospitals, Oximeters In Rural Areas, Bed Availability Information On Portal": Gauhati HC Seeks State Govt's Response
3 years, 9 months ago

"Exorbitant Prices Charged By Pvt Hospitals, Oximeters In Rural Areas, Bed Availability Information On Portal": Gauhati HC Seeks State Govt's Response

Live Law  

The Gauhati High Court on Thursday sought the response of the State Government on various issues concerning Covid 19 situation in the State faced by the people in view of second Covid wave.A division bench comprising of Chief Justice Sudhanshu Dhulia and Justice Manash Ranjan Pathak was dealing with a plea raising issues including: first, exorbitant prices charges by private …

Alleged Non-Admission Of Covid Patients By Private Hospitals Despite Insurance Cover: Gauhati High Court Seeks Response
3 years, 9 months ago

Alleged Non-Admission Of Covid Patients By Private Hospitals Despite Insurance Cover: Gauhati High Court Seeks Response

Live Law  

The Gauhati High Court has sought response from the Assam Government on an application alleging denial of admission to Covid-19 patients by private hospitals in the State. A Division Bench of Chief Justice Sudhanshu Dhulia and Justice Manash Ranjan Pathak heard Advocate A. Chamuah on behalf of Lawyers Association, Guwahati who alleged that in Assam, persons who are suffering from …

Gauhati High Court Issues Notice On PIL Seeking Directions Against Hospitals Refusing Treatment To Non Covid Patients
4 years, 2 months ago

Gauhati High Court Issues Notice On PIL Seeking Directions Against Hospitals Refusing Treatment To Non Covid Patients

Live Law  

The division bench of the Gauhati High Court consisting of Acting Chief Justice Mr. N Kotiswar Singh and Justice Manish Choudhary on Tuesday issued notice in a PIL filed by Senior Congress Leader, Debabrata Saikia seeking directions to Union of India, Ministry of Health and Government of Assam against the refusal of State Hospitals in treatment of non covid patients. …

Gauhati HC Issues Notice On Plea For Extension Of Retirement Age For Ayurvedic Doctors To 65 Years [Read Order]
6 years, 3 months ago

Gauhati HC Issues Notice On Plea For Extension Of Retirement Age For Ayurvedic Doctors To 65 Years [Read Order]

Live Law  

The Gauhati High Court has issued notice on a petition demanding an extension of the age of superannuation of Ayurvedic doctors in the state.The notice was issued by Justice N. Kotiswar Singh.The court has been approached by the Assam Ayurvedic Doctors Service Association, seeking an extension of age of superannuation of Ayurvedic doctors from 60 years to 65 years, as …

Gauhati HC Issues Notice On Plea For Extension Of Retirement Age For Ayurvedic Doctors To 65 Years [Read Order]
6 years, 3 months ago

Gauhati HC Issues Notice On Plea For Extension Of Retirement Age For Ayurvedic Doctors To 65 Years [Read Order]

Live Law  

The Gauhati High Court has issued notice on a petition demanding an extension of the age of superannuation of Ayurvedic doctors in the state.The notice was issued by Justice N. Kotiswar Singh.The court has been approached by the Assam Ayurvedic Doctors Service Association, seeking an extension of age of superannuation of Ayurvedic doctors from 60 years to 65 years, as …

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