The Rajasthan High Court recently delivered a significant verdict impacting doctors who are re-employed after retirement. The court ruled that the ‘Pay Minus Pension’ policy applies to such doctors, even if this clause wasn’t mentioned in their job advertisement or appointment letters.

This ruling came in response to several petitions filed by retired doctors who were re-employed at AIIMS Jodhpur and were later asked to submit their pension details. Based on this, the institute applied the Pay Minus Pension formula — a rule that deducts the pension amount from the salary of re-employed individuals.

Why Did This Happen?

The controversy arose because AIIMS Jodhpur initially did not mention the Pay Minus Pension clause in its recruitment advertisements or appointment orders. However, the High Court clarified that this policy is part of the statutory rules governing central government employees, especially under:

• The Orders of 1986 (Central Civil Services – Fixation of Pay of Re-employed Pensioners),
• Regulation 33 of the AIIMS Regulations 1999, and
• Relevant circulars issued by the Ministry of Health & Family Welfare.

Despite the confusion caused by AIIMS Jodhpur’s oversight, the court stressed that laws and service rules prevail over recruitment advertisements or appointment terms.

What Was the Final Judgment?

The High Court bench — Justices Pushpendra Singh Bhati and Chandra Prakash Shrimali — ruled that:

• These doctors are indeed re-employed professionals.
• The ‘Pay Minus Pension’ formula must apply prospectively (from the date of the court order), not retrospectively.
• AIIMS Jodhpur’s failure to apply this rule earlier was due to its lack of awareness and poor communication, and the doctors should not be penalized for this.

What Does This Mean for Retired Doctors?

If you’re a doctor who has retired from central government service and is considering or has taken up a new government role (like a faculty post at AIIMS or other central institutions), this judgment is crucial for you. It confirms that your pay will be adjusted against your pension, regardless of how the job was advertised.

So, even if you are recruited through a direct process after retirement, you are legally a re-employed person under central rules, and the salary you receive will reflect that.

A Wake-Up Call for Healthcare Institutions

The judgment also served as a warning to institutes like AIIMS Jodhpur. The court strongly criticized their “lackadaisical and ignorant attitude” for failing to apply or communicate the applicable service rules in time. This situation could have been avoided with better clarity and communication from the administration.

To view the order, click here 👉 https://tinyurl.com/e4nc8d49

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