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TMI Blog2020 (12) TMI 1388X X X X Extracts X X X X X X X X Extracts X X X X ..... der dated 02.11.2020 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 210 of 2018 wherein the learned Tribunal has dismissed the said O.A. filed by the petitioner. The petitioner was initially appointed vide Order dated 11.10.1985 as Research Assistant (Ayurveda) by the Central Research Institute (Ayurveda) at Unit-1, Bhubaneswar with effect from forenoon of 07.10.1985. The main issue flagged by the present petitioner is, with respect to the applicability of the Notification dated 11.08.2018 issued by the Ministry of Personnel Public Grievance and Pension which is titled as Fundamental (Second Amendment) Rules 2018 dealing with the extension of superannuation age of Ayush and other categories of doctors to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the petitioner is attending the patients both the Out Patient Departments and In-Patient Departments. He also relied on the judgment passed by Delhi High Court in Dr. Salma Khatoon Verses Union of India [WP(C) No. 9554 of 2018 (Delhi HC)] which he claims it squarely covers the case of the petitioner. We, however, checked the said order and find that the said petition is still pending before the High Court of Delhi. He, thus, pointed out that all practical purposes, the petitioner has been designated as Research Officer, he has also performed the duty of doctor. Therefore, the policy decision which was taken by Union Government to extend the age of retirement to 65 years would be applicable to the petitioner. Though, it has been clearl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to continue in their service upto the age of sixty-five years: Provided that the age of superannuation in respect of the doctors belonging to the General Duty Medical Officers sub-cadre of Central Armed Police Forces and Assam Rifles and specialist Medical officers of Central Armed Police Forces and Assam Rifles shall be sixty-five years. Mr. P. K. Parhi, learned counsel for Union of India brought before this Court that the Ministry of AYUSH, Government of India has enhanced the age of superannuation to 65 years with effect from 27.09.2017 for AYUSH doctors and the petitioner does not fall in that category to get the benefit of extension of age for superannuation. Mr. Parhi, further submitted that the petitioner's induction to the servi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nuation for the autonomous organization like the petitioner's organization shall be 65. The superannuation age enhanced to 65 years has been clearly enunciated in that Fundamental Rules, 1922. It is, therefore, clarified that the Fundamental Rules, 1922, in rule 56 is not applicable to the present petitioner. The Rule 56 reads as under:- "F.R.56(a) Except as otherwise provided in this rule, every Government servant shall retire from service on the afternoon of the last day of the month in which he attains the age of sixty years: Provided that a Government servant whose date of birth is the first of a month shall retire from service on the afternoon of the last day of the preceding month on attaining the age of sixty years." The decisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5, Institutional Area, Opposite "D" Block, Janakpuri, New Delhi - 110 058. Subject :- Enhancement of superannuation age to 56 years - reg. Sir, I am directed to say that the Ministry has been receiving a number of representations from various officials of the Councils regarding Enhancement of superannuation age to 65 years. It is stated that as per Press Information Bureau the Union Cabinet has taken the following decisions:- "The superannuation age has been enhanced to 65 years in respect of doctors under the administrative control of the respective Ministry/Department [M/o. AYUSH (AYUSH Doctors), Department of Defence (civilian doctors under Directorate General of Armed Forces medical Service), Department of Defence Production ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the autonomous bodies until or unless it is adopted by the Memorandum of Association (MoA) of the said autonomous body. The said order also travelled upto the Supreme Court and the same view point has been confirmed. On the analysis of the above factual matrix, we find 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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