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Judgment
L. Narasimha Reddy, J
The applicant is working as Director (Veterinary Services) in East Delhi Municipal Corporation (EDMC). He is attaining the age of superannuation on 30.09.2020.
In the normal course, he will attain the age of superannuation on 30.09.2020. He filed this O.A. with a prayer to direct the respondents to extend the age of superannuation from 60 years to 65 years, in terms of the orders passed by the Government of India dated 31.05.2016, read with amended F.R. 56.
The applicant contends that such benefit was extended to certain categories of medical practitioners in the EDMC and the same has been denied to him. According to him, the service conditions of medical doctors and veterinary doctors are almost same. Various grounds are also urged.
We heard Shri Randhir Kumar, learned counsel for applicants, Shri K M Singh, learned counsel for respondent Nos.1 & 2, and Shri R V Sinha, learned counsel for respondent No.3 and Shri R K Jain, learned counsel for respondent Nos. 4 & 5, through video conferencing.
The endeavour of the applicant is to get the age of superannuation extended from 60 years to 65 years for the post. It is not in dispute that as of now, the age of superannuation under the relevant service rules is 60 years. It is no doubt true that the Government of India has amended F.R. 56, to enable certain categories of medical doctors to remain in service up to the age of 65 years. Their intention was only to avail the services of such doctors for treatment of the patients. Extensive litigation ensued in this behalf and the rules were amended in such a manner, that the age of superannuation would be 62 years and it is only when the doctors in the Central Government Service opt to offer their services for treatment of the patients, that they would be continued up to 65 years.
Assuming that the similar facility has been extended by EDMC to medical doctors, one cannot expect the same pattern for the veterinary doctors. As of now, the rules provide for age of superannuation as 60 years. This very issue fell for consideration before this Tribunal in O.A. No.2289/2018 decided on 30.07.2018. The O.A. was dismissed. That, in turn, was followed in O.A. No.3711/2018 decided on 12.10.2018. We do not find any differentiating factor in this case.
The O.A. is, therefore, dismissed. There shall be no order as to costs.