HRISHIKESH ROY, J. - (1.) Leave granted. These appeals are directed against the judgment and order dated 15.11.2018 passed by the High Court of Delhi whereby the Court upheld the common final order dated 24.08.2017 of the Central Administrative Tribunal, Principal Bench [hereinafter referred to as the Tribunal' for short] and dismissed the petitions filed by the North Delhi Municipal Corporation [hereinafter referred to as the 'NDMC for short]. The Tribunal declared that the applicants who are ayurvedic doctors covered under AYUSH are also entitled to the benefit of enhanced superannuation age of 65 years (raised from 60 years), just like the allopathic doctors. The entitlement of the respondents to continue in service upto 65 years and receive due remuneration for the same is the only issue to be considered in these cases. For the sake of convenience, the relevant facts are taken from SLP (C) No. 10156 of 2019.
(2.) Prior to 31.05.2016, the retirement age was 60 years for the General Duty Medical Officers ['GDMO' for short] of the Central Health Scheme ['CHS' for short], the Dentists and Doctors covered under AYUSH (including ayurvedic doctors). At that stage, the Government of India, Ministry of Health and Family Welfare issued the order dated 31.05.2016, with immediate effect, enhancing upto 65 years, the age of superannuation of the specialists of Non-teaching and public health sub-cadres of CHS and GDMOs of CHS. This was followed by consequential amendment of the Fundamental Rules, 1922 by Gazette Notification dated 31.05.2016 of the Department of Personnel Training. On 30.06.2016 the NDMC adopted the Government of India order by issuing office order dated 30.06.2016 and enhanced the retirement age to 65 years for the Allopathic doctors working in the NDMC. The Office Memorandum issued by the Ministry of Health and Family Welfare on 30.08.2016 then clarified that the enhanced superannuation age granted by order dated 31.05.2016 is applicable to GDMOs of CHS i.e. the allopathic doctors and municipal corporations and others were given the liberty to take their own decision on the matter, on the applicability of the Ministry's decision on enhancement of superannuation age. Thus, the ayurvedic doctors were not seen to have been covered by the Ministry's order dated 31.05.2016.
(3.) The above led to several Original Applications (OA) filed by the ayurvedic doctors, before the Tribunal. The respondent Dr. Ram Naresh Sharma and other ayurvedic doctors sought the benefit of the Government decision and the office order of NDMC, for it to be made applicable to the ayurvedic doctors as well. On 09.12.2016 an interim order was passed by the Tribunal to the following effect.: "In the meantime, it is directed that the Applicant may be allowed to continue in service on the post held by him beyond the date of his retirement/superannuation till further orders, however, he will not be paid any salary nor shall this order confer any right or equity in favour of the Applicant." ;