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CAT rejects doctor’s appeal

K.T.Sangameswaran

CHENNAI: In view of the law laid down by the Supreme Court on matters regarding age of retirement, it is for the Puducherry government to decide whether to enhance the age of retirement for specialist doctors from 60 to 62 or not, the Madras Bench of the Central Administrative Tribunal has said.

Dismissing an application by M.Kalirathiname, the Bench, comprising N.S.Veerabhadraiah and R.Satapathy, Members, said since the Sixth Pay Commission had not made any recommendation for increasing the age of superannuation from 60, no general increase would be tenable for the employees working under the Puducherry government. It was true the Union government had increased the retirement age limit for specialist doctors working under the Central Health Service (CHS) from 60 to 62; but it was an admitted fact that doctors working under the CHS and those under the health service of the Government of Puducherry belonged to two distinct categories of government service. Their appointing authority was different and they drew salary from different sources. The doctors of the two categories were not interchangeable. Therefore, if the Union government, which was the appointing authority for CHS doctors, passed an order, the same could not be said to be automatically applicable to doctors who worked under the Puducherry government.

In his petition, Dr.Kalirathiname submitted he was working as a Grade-I Specialist in Medicine under the Pondicherry government. He retired from service in April this year on attaining the age of 60. Referring to a Union government’s order of November 2006 enhancing the age of superannuation of Specialist Doctors of CHS from 60 to 62 years, he claimed the benefit of enhanced age of retirement. Since the territorial government did not accede to his request, he approached the CAT.

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