VISHNU KANT BHATT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Mr. C. L. Saini, Additional Advocate General, on advance copy, enters appearance on behalf of the State.

(2.) This Court in the case of Dr. Mahesh Chandra Sharma and Ors. v. State of Rajasthan and Ors. (D.B. Civil Writ Petition No.13496/2021 and batch of petitions) has dealt with the issue as to whether providing different age of superannuation for Allopathic Doctors vis-a-vis Ayurvedic doctors is discriminatory and violative of Article 14 of the Constitution of India and relying upon the decision of the Hon'ble Supreme Court in the case of North Delhi Municipal Corporation v. Dr. Ram Naresh Sharma and Ors. reported in 2021 SCC ONLINE SC 540 and other judicial pronouncements, it has been held as below:-

(3.) The aforesaid authoritative pronouncement of Hon'ble Supreme Court leaves no scope for arguments on the part of the respondents to defend their action of discrimination in the matter of fixing age of superannuation of Ayurvedic Doctors and it has to be consequently held that they are also entitled to continue in service till completion of age of 62 years, which is applicable in the case of Allopathic Doctors.