Court of Appeal Overrides Cabinet Decision: Specialist Doctors' Retirement Age Extended to 63 Years

December 15, 2023

The Court of Appeal has issued a directive to extend the retirement age of specialist doctors in public service to 63 years, overturning the Cabinet's earlier decision to lower the retirement age to 60. The decision was delivered in response to a writ application filed by 176 specialist doctors challenging the Cabinet's move to reduce their retirement age.

The Appeals Court, presided over by Justice Nissanka Bandula Karunaratne and Justice A. Marikkar, concluded the petition hearing and ordered the extension of the retirement age for specialist doctors. The Cabinet had initially approved a revision of the retirement age from 63 to 60 on October 17, 2022, leading to widespread criticism from medical officers.

Under the Cabinet decision, doctors aged 60, 61, and 62 by the end of 2022 were permitted to serve until 61, 62, and 63, respectively. However, those aged 59 were required to retire at the age of 60. The writ application filed by the 176 specialist doctors challenged this decision, leading to the Appeals Court's recent ruling.

The Ministry of Health informed the court on June 28, 2023, that it had decided to extend the compulsory retirement age of specialist doctors in public service to 63 years. This revision allows specialist doctors to continue their service until the age of 63, pending the formal approval of the Cabinet of Ministers.