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2018 (11) TMI 1950 - DELHI HIGH COURTExtension of retirement age - HELD THAT:- Even though the Government of India initially did not extend its policy decision to enhance the retirement age of allopathic doctors to other medical streams, such as Ayurvedic doctors subsequently, it has taken the decision on 24.11.2017 to enhance the age of retirement of those doctors who are covered by AYUSH (which includes the Ayurvedic doctors, as well as those practising Unani, Homeopathy etc.) The subsequent decision dated 24.11.2017 has been made effective only from 27.09.2017. Pertinently, the NDMC has followed suit, and the said Governmental decision has been adopted by it. Thus, those Ayurvedic doctors of the NDMC who fall in the window before 31.05.2016 and 26.09.2017 are left out from getting the benefit of the enhancement of age of retirement, while those retiring on or after 27.09.2017 would get the benefit of the retirement age enhancement to 65 years. Those Ayurvedic doctors, who continued to remain in service on or after 27.09.2017, have been extended the benefit of their age of retirement being raised like the other Allopathic doctors (GDMOs) to 65 years. Qua the said private respondents, the present petitions are accordingly dismissed. So far as the case of respondent No.2 Dr. Pratibha Sharma in WP(C) 8704 of 2017 is concerned, it is found that she is an employee of EDMC and apparently the EDMC has not adopted the Government Resolution dated 24.11.2017. The present petition has been preferred by the NDMC. Therefore, in the present petition, respondent No.2 Dr. Pratibha Sharma need not have been impleaded as a party respondent, since the NDMC has no concern with her - it is left open to the EDMC to deal with her case in the manner it considers appropriate. The NDMC is directed to make payment of the arrears of salary and allowances to those of the respondent-doctors, who continued to serve with the NDMC even after attaining the age of 60 years and who are still in employment with NDMC, within four weeks from today and to continue to make payment of their salary and other allowances in future punctually till they superannuate at the age of 65 years. However, it is made clear that respondents shall not be assigned any administrative duties in terms of the Governmental decision. Petition dismissed.
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