The Supreme Court has issued notice in a petition filed by eight doctors of the Indian Army challenging the retirement age of fifty-eight. The petitioners are posted in different Units/Formations spread across the country..The matter came up before a bench of Justice Dipak Misra and Justice UU Lalit yesterday with advocates Indra Sen Singh and Sarvesh Singh appearing for the petitioners..The petition, a copy of which is with Bar & Bench, states that,.“The petitioners verily believe that similar executive instructions have been issued by the Railway Ministry and other Ministries/Departments of the Central Govt. thereby enhancing the age of superannuation of all Medical Doctors serving under the respective Ministries/Departments to 65 years. However, no such executive instructions have so far been issued in respect of The Medical Officers serving under the Ministry of Defence, including the Medical Officers belonging to the Army Medical Corps/Army Dental Corps (AMC/ADC) of the Indian Army. Orders have been issued to retire all the petitioners herein w.e.f. 31.07.2016 on attaining the age of superannuation which is 58 years (for Colonels) under the existing rules.”.The petitioners have claimed that the conflicting rules for government doctors on the same footing is arbitrary and a violation of the right to equality enshrined under Article 14 of the Constitution of India..The petitioners have also claimed that they are being discriminated against in the matter of ‘equality of opportunity’ of public employment which is violation of Article 16 read with Article 14 of the Constitution of India..Since the retirement age of government officials is sixty-five, the doctors have sought that a writ of Mandamus be issued to the Centre to enhance the age of superannuation to 65 years. In the alternative, they have sought transfer to any other Central Ministry facing shortage of doctors..The Court, acknowledging the fact that the reasons for discontent appear to be genuine, issued notice to the Central government..The matter is now listed for August 1, i.e. the coming Monday when the Court will have a chance to listen to the Central government’s arguments.
