Overview

• The order dated October 17 by Chief Justice B. R. Gavai and Justice K. Vinod Chandran cites divergent precedents and seeks an authoritative ruling by a larger bench.
• Pending that decision, states may temporarily keep AYUSH doctors in service up to the allopathic retirement age on half pay, with amounts to be adjusted based on the final outcome; those not continued would receive arrears if parity is upheld.
• The dispute stems from Rajasthan’s 2016 move raising allopathic doctors’ retirement to 62 without extending it to AYUSH practitioners, triggering multiple challenges.
• The Rajasthan High Court has held Ayurvedic doctors are entitled to 62 years with consequential benefits, ordered reinstatements, and later disposed contempt petitions while permitting representations for notional benefits for service between 60 and 62.
• The Supreme Court is hearing 31 petitions; Solicitor General Tushar Mehta said about 1,000 doctors in Rajasthan could return to service under the high court’s verdict, with counsel including Ashwini Upadhyaya appearing for some practitioners.