The Court of Appeal issued a Writ order yesterday (15) extending the service period of the doctors, including the specialists in the government service up to 63 years.
The court also issued a writ of certiorari invalidating the section related to doctors in the gazette notification of retirement of public servants. These writ orders were issued after examining four writ petitions filed by 176 doctors against the decision taken by the Cabinet declaring that the compulsory retirement age of specialist doctors is 60.
The judgement was read by Court of Appeal President Justice Nissanka Bandula Karunaratne with the consent of Judge M.A.R. Marikkar.
The presiding judge stated that this order was issued in recognition of the legal expectation of doctors engaged in health care to work until 63 years. This petition was filed by a group of doctors specializing in various medical fields including heart disease, neurology. Secretary to the Ministry of Public Administration and Home Affairs, the Cabinet of Ministers were cited as respondent.
It is stated in the petition that the specialist doctors could have worked till 63 years.
The Cabinet had decided on 10-17-2022 to reduce the age limit to 60 years and retire them.
Counsels representing the petitioners pointed out before the court that the decision is illegal and it is their legitimate expectation to continue in the service until at least 63.
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