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2020 (12) TMI 1388 - ORISSA HIGH COURTBenefit of extension of superannuation age to 65 like the AYUSH doctors - HELD THAT:- Though the petitioner is functioning as Researcher under the Research Council/National Institute, but as requirement for upgrading the research skill, he treats patients in the OPD and IPD. In fact, he performs similar nature of duties like AYUSH doctor. Though his service condition is covered by different laws, but for all practical purposes, the petitioner is performing like a doctor. Though there is a clear-cut distinguishing features between the AYUSH doctor and that of the petitioner. The petitioner herein is also treating the patients like AYUSH doctors in OPDs and IPDs on regular basis. The learned CAT, Cuttack Bench, Cuttack has failed to consider the petitioner’s duty and devotion in treating the OPD and IPD patients. Hence, the order dated 02.11.2020 passed by the learned CAT, Cuttack Bench, Cuttack is liable to be quashed and accordingly, it is quashed. This Writ Petition is accordingly allowed and pending applications, if any, stand disposed of.
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