176 Specialist doctors go before Court against 60 years compulsory retirement

28 November 2022 06:00 pm - 16 - {{hitsCtrl.values.hits}}

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Filing a writ petition before Court of Appeal, about 176 consultant specialist doctors have challenged the government's decision to reduce their compulsory retirement age to 60 years.

The petitioners are Specialist Consultants in varied fields of medicine including Cardiology, Cardio-Thoracic Surgery, Oncology, Neurology, Obstetrics and Gynaecology, Haematology, Opthalmogy, Histopatholy, Anaesthesia, Paediatrics and Auto-Rhinolaryngology.

When this petition came up before Court of Appeal two-judge-bench comprising Justice Sobitha Rajakaruna and Justice Dhammika Ganepola issued notices on the respondents including the Cabinet of Ministers, the Minister of Health and the Director General of Health Services returnable for December 13. The notices were issued on the respondents on the basis that a prima facie case had been established by the petitioners to proceed with the case.

President's Counsel Sanjeeva Jayawardena appearing for the petitioners submitted to Court that the petitioners, the specialist doctors have challenged the decision of the Cabinet of ministers dated 17-10-2022, since this decision has been made illegally and in complete violation of their legitimate expectation to continue in service at least until 63 years of age.

The Petitioners’ position is that since 2017, as consultant specialist doctors, they have been guaranteed a defined compulsory age of retirement of 63 years, by both Cabinet Decisions as well as by the Amendment to the Minute on Pensions with effect from 6.6.2017, and therefore, that they were distinctly identified as a separate category, different and separate to that of other categories of public officers in general and that this status and legitimate expectation had been continuing for a period of 5 years, from 2017 upto 2022.

Sanjeeva Jayawardena PCwith Counsel Lakmini Warusevitane, Dr. Milhan Mohamed appeared for the petitioners. Uditha Egalahewa PC and Manohara De Silva PC appeared for seven other petitioners. (Lakmal Sooriyagoda)

Comments - 16

Pensioner Monday, 28 November 2022 06:36 PM

Retirement age is set by the government. Individuals cannot challenge. These docs can easily find jobs abroad after retirement. Why should they waste their time in court?

Patient Monday, 28 November 2022 06:52 PM

It is difficult to comprehend the Doctors' objections to the lowering of the retirement age from 63 to 60. Their capacity to earn has not been affected as they could continue with "private practice" as long as they like.

R. Winkle Monday, 28 November 2022 07:02 PM

Sixty is a good age for these old 'specialists' to be retired. By this age they often make critical mistakes during surgeries, and they are well and truly in the palms of Big Pharma.

Krish Monday, 28 November 2022 07:43 PM

Specialist Doctors, what special contribution you could make in medicine for working for additional three years. Allow space for new young doctors to get into the system and retire at 60. The government is right to make retirement age to be 60. Let us be honest, whether you are specialist doctor or non-specialist doctor the work you do is just prescribing medicines made by brainy scientists working at pharmaceutical companies. These Scientists even send to your attention how these medicines should be prescribed . Then it is not a difficult task to do your job even a Nurse could do the prescription.

Dr. Conrad Athulathmudali Monday, 28 November 2022 08:51 PM

Making a compulsory age for doctors to retire is stupid and arrogant and against human rights. I was a Consultant Neurologist with an interest in Cardiology and Stroke in the UK and I retired in June 2017 at the age of 72 years and my hospital was not happy and wanted me to continue. During the Covid Pandemic the General Medical Council of the UK wrote to me and asked me if I would go back to work and the GMC was waiving the registration fee which when a doctor is in practice is £480 per annum. The UK National Health Service wants doctors to work beyond 60 years And there are many doctors who work over the age of 65 years. Some prefer to retire voluntarily even when they are just over 60 that is when they wish to travel the world or for family reasons. or to engage in another recreation. Those who retire in their early 60s still do private practice. It is the same in the US or in the European Union. Life expectancy in the UK was 80.90 in 2020 US 77.28 and in Australia 83.20.

Hemal Perera Monday, 28 November 2022 10:09 PM

All MPs are Public servants according to law. If the60 retirement does not apply to the MPs it is clear discrimination. Further when a public servant qualifies for pension after 20 years of service. How can the MPs qualify for pension after 5 years

Doctors make more mistakes from 60 years old Tuesday, 29 November 2022 02:00 AM

I have seen too many family member suffer because greedy for money old doctor doing private practice, and making terrible mistakes. The 60 age is perfectly good retirement for all doctors.

K. Andersson Tuesday, 29 November 2022 02:55 AM

In many countries long experience of these doctors in different areas are highly valued and they continue even after 65 yrs. They can pass their years of experience to young doctors and should work in government hospitals. Letting them go so early is not a wise decision.

K. Andersson Tuesday, 29 November 2022 02:55 AM

In many countries long experience of these doctors in different areas are highly valued and they continue even after 65 yrs. They can pass their years of experience to young doctors and should work in government hospitals. Letting them go so early is not a wise decision.

Devinda Tuesday, 29 November 2022 03:15 AM

Must be wanting a duty free vehicle to commute to practice and serve the community private hospitals for reasonable fees.

Rishan Tuesday, 29 November 2022 07:44 AM

Specialist doctors diificult to find these days as most if of them have already left the country. Let the poor receive their yeoman service ... so let them work till 63 or 65.

Inshi Tuesday, 29 November 2022 07:47 AM

More than age it is the years of experience in specialized fields that cannot be matched by the younger doctors although they may be brilliant too. Seriously rethink the retirement age.

Nilmini Welivita Tuesday, 29 November 2022 09:12 AM

Old doctors are useless and make many mistakes and should retire.

Jagath Leanage Tuesday, 29 November 2022 09:20 AM

There is a time for retirement for everybody . Sri Lanka is country with lots of unemployment . Doctors should not think that they are "INDISPENSABLE" . There are doctors whom are at the age forties are there, who can do the job properly than old doctors .

Mohideen Hussain Tuesday, 29 November 2022 10:48 AM

One of the many reasons for such a strong protest is the fact that these so-called specialists will lose on the channel practice once they don't have their wards in govt hospitals. Selfish motives dominate ethical practice. Wither mother Lanka!!!

Sunil Perera Tuesday, 29 November 2022 03:31 PM

In the period of a UNP regime with RW as PM and CBK as President there was a similar decision to reduce the age of retirement . The SC held it violates the reasonable expectation of people who had and employment contract to work till 60. Is this case different as 60 was extended to 65l

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176 Specialist doctors go before Court against 60 years compulsory retirement

Comments - 16

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