Case Title:- State of Rajasthan and Ors. vs. Anisur Rahman and connected cases.
Citation:- SLP (C) 9563/2024
Date:- 17.10.2025
Hon’ble Supreme Court Bench:- Chief Justice of India BR Gavai & Justice K. Vinod Chandran.
The Hon’ble Supreme Court recently referred to a larger Bench the question whether doctors practicing under indigenous medical systems (AYUSH, Unani, Ayurveda, Homeopathy etc.) can be equated with allopathic doctors in regard to service conditions such as retirement age and pay scales.
- The decision came because of conflicting earlier judgments:
- In 2021 (NDMC vs. Dr. Ram Naresh Sharma), the Court said AYUSH doctors should not be denied the higher retirement age given to allopathic doctors if their work is comparable.
- In 2023 (State of Gujarat vs. Dr. P.A. Bhatt), another Bench ruled that AYUSH doctors are not entitled to equal pay or benefits because their training, education, and duties differ.
- The Hon’ble Court said that equality must be judged by the nature of work, duties, and responsibilities, not just the medical system followed.
- The Hon’ble Court stated that while parity can exist where work is comparable, any difference in pay or retirement age must have a valid reason linked to public health and availability of qualified doctors.
- The Hon’ble Court noted that some States increased the retirement age of allopathic doctors due to shortages in that field, which could justify different treatment for AYUSH doctors.
- Since there are divergent opinions, the Hon’ble Court said an authoritative ruling is needed and asked the Registry to place the matter before the Chief Justice for assigning it to a larger Bench.
- Until the larger Bench gives its verdict, States may allow AYUSH doctors to continue beyond their normal retirement age up to the age limit for allopathic doctors, but they will receive only half pay and allowances. If the larger Bench later rules in favour of AYUSH doctors, their service will be regularised, and they will get full pay for that period. If not, the half pay will be adjusted against their pension or dues.
