R. SREEKUMARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are working in the paramedical category under the Directorate of Health Services. They approached the Government for an extension of their retirement age in the light of Annexure A1 Government Order extending the retirement age of medical doctors from 56 to 60 years, and doctors engaged in Medical Education upto 62 years. Their case is that their service forms an integral part of the medical profession, functioning alongside doctors and therefore, they should be treated at par with doctors regarding the retirement age. The Tribunal considered their matter and, taking note of an earlier order passed by this Court in O.P. (KAT).No.139/2022, declined to interfere with the same. O.P. (KAT).No.139/2022 was filed by the State challenging an order of the Tribunal. The Tribunal allowed the applications filed by the Doctors in Ayush Department other than Allopathic system to retire at an age of 60 years at par with Allopathic doctors.

(2.) This Court in O.P. (KAT).No.139/2022, noting that it involved a policy decision, interfered with the order of the Tribunal and also directed the State Government to consider their grievances by a reasoned order. This Court disposed of O.P. (KAT).No.139/2022 on 1/7/2022. It was at this juncture, the paramedical staff also filed an Original Application seeking similar reliefs granted to doctors in Ayush Department other than Allopathic system. The Tribunal by an order dtd. 26/7/2022, noting the spirit of the order in O.P. (KAT).No.139/2022 repelled the challenge and directed the Government to consider their grievances.

(3.) The judgment in O.P.(KAT).No.139/2022 was carried in a challenge before the Apex Court. The Apex Court refused to interfere with the matter and directed the State Government to consider the matter. The State Government thereafter considered the matter and refused to enhance the age of retirement of medical doctors other than in the allopathic system by an order dtd. 27/9/2022 (Ext.P8).