VidhiSangh

Supreme Court of India · 03/08/2021

NORTH DELHI MUNICIPAL CORPORATION versus DR. RAM NARESH SHARMA & ORS.

[2021] 8 S.C.R. 79 · 2021 INSC 376

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Summary

The Court extended the benefit of retirement at sixty-five to the respondent AYUSH doctors from 31 May 2016, the date of the corresponding CHS enhancement. In the scheme under consideration, a different effective date based solely on the system of treatment was unjustified. Doctors who served under interim orders were entitled to salary, and the employer could not invoke no-work-no-pay against a doctor it had prevented from rejoining. Full arrears were directed within eight weeks, with conditional interest for delay.

Issues

  1. Whether different effective dates for enhanced retirement age discriminated against the respondent AYUSH doctors.
  2. Whether interim orders, financial burden or non-performance caused by the employer defeated salary claims.

Provisions considered

Held

Result

Appeals disposed of without costs; enhanced retirement-age benefit applied from 31 May 2016 to the concerned respondents, with full arrears payable within eight weeks and conditional six per cent interest for delay.

Judgment PDF: Supreme Court of India, [2021] 8 S.C.R. 79.