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2021 (8) TMI 1403 - SC - Indian LawsBenefit of enhanced superannuation age of 65 years (raised from 60 years), just like the allopathic doctors - HELD THAT:- The doctors, both under AYUSH and CHS, render service to patients and on this core aspect, there is nothing to distinguish them. Therefore, no rational justification is seen for having different dates for bestowing the benefit of extended age of superannuation to these two categories of doctors. Hence, the order of AYUSH Ministry (F. No. D. 14019/4/2016-E-I (AYUSH)) dated 24.11.2017 must be retrospectively applied from 31.05.2016 to all concerned Respondent-doctors, in the present appeals. All consequences must follow from this conclusion. The Appellant's actions in not paying the Respondent doctors their due salary and benefits, while their counterparts in CHS system received salary and benefits in full, must be seen as discriminatory. Hence, there are no hesitation in holding that the Respondent-doctors are entitled to their full salary arrears and the same is ordered to be disbursed, within 8 weeks from today. Belated payment beyond the stipulated period will carry interest, at the rate of 6% from the date of this order until the date of payment. Appeal disposed off.
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