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
- Whether different effective dates for enhanced retirement age discriminated against the respondent AYUSH doctors.
- Whether interim orders, financial burden or non-performance caused by the employer defeated salary claims.
Provisions considered
- Articles 14, 21 and 23, Constitution of IndiaThe discriminatory treatment and denial of remuneration for legally rendered service were rejected. (¶¶ 20, 21, 22, 23, 24)
Held
- Under the prevailing scheme, AYUSH and CHS doctors performed the common function of treating patients. The system of treatment alone supplied no intelligible basis for different dates of retirement-age enhancement. The AYUSH order was to operate from 31 May 2016 for the concerned respondents. (¶¶ 22, 23)
- The respondents had actually continued serving patients under interim orders. Those orders merged in the final judgment and did not disentitle them to consequential remuneration. Authorities concerning back wages for periods without service were factually distinguishable. (¶¶ 15, 16, 17, 18, 19)
- Financial burden did not justify withholding lawful salary for productive service. In Dr H. P. Singh’s case, the employer itself had obstructed his attempts to rejoin, so it could not rely on no-work-no-pay. (¶¶ 20, 21)
- Full salary arrears were payable within eight weeks. Payment beyond that period would carry six per cent interest from the date of the Supreme Court’s order until payment. (¶ 24)
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.