HC notice on retirement age

Excelsior Correspondent
SRINAGAR, Oct 24: High Court today issued notice to Government on the plea of doctors of SKIMS Soura seeking parity in retirement of age with the doctors of AIIMS.
Justice Alok Aradhe issued notice to Chief Secretary, Commissioner/Secretary Health, Chief Minister (Chairperson, Governing Body SKIMS) and Director SKIMS for filing of objection to the petition by or before November 18.
However, the notice on behalf of Chairman, Governing Body and Director SKIMS has been accepted by the counsel appearing on behalf of SKIMS in open court. Director SKIMS has already filed caveat petition in order to avert any interim direction in ex-parte.
Petitioner are working as Doctors in various departments in SKIMS and submitted that the age of superannuation in SKIMS is 65 years and their age of superannuation has been fixed as 62 years in terms of Cabinet decision which, they say, was passed for other institutions.
They submitted that the Cabinet decision in retirement of age has been considered with regard to teaching faculties of other prestigious institutions of the State and it does not pertain to SKIMS as the rules for SKIMS are different.
They further submitted that their conditions of service shall be the conditions prevalent in AIIMS in terms of the Government order and thus no Cabinet decision was required in this behalf as the age of superannuation in AIIMS has already been enhanced from 62 to 65 years and submitted the same is automatically applicable to SKIMS in terms of SRO 283 of 2009 read with its corrigendum passed on January 2010.
Petitioners stated that the Governing Body of SKIMS has without application of mind approved extension of the Cabinet decision to SKIMS. They said that Rules of SKIMS clearly specified that Rules of AIIMS have to be applied in SKIMS.
Petitioners have sought quashing of order No. 59-SKIMS issued by the Director and prayed that authorities be directed to continue them in service up to the age of 65 years in light of memorandum issued by AIIMS and MCI regulations as has been done by the Central Government in all medical faculties.
They further submitted that authorities be directed to treat their service period up to age of 65 years as in service and grant salary, allowances and all other benefits as per AIIMS New Delhi in accordance with SRO of 2009 and the said period be considered for computing pension and other retiral benefits and all consequential benefits.
Those who have approached the court are Professor Khursheed Alam Wani (HOD, General Surgery), Professor Altaf Umar Ramzan (HOD Neurosurgery), Dr Syed Amin Tabish, Professor Mohammad Maqbool, Professor Showkat Hussain Khan, Dr Dalip Kumar Kakru, Professor Syed Mudassar, Dr Adil Hafeez Wani, Dr Parvaiz Koul, Dr Tanveer Ahmad Rather,  Dr Gh Nabi Lone, Professor Pir Afroz, Dr Mohib ul Haq and Dr Sheikh Aijaz Aziz.

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