Regarding the Right of the On-Call Doctor to Receive a Pension on Special Terms
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- 2023-03-16
The Social Security Service of the Ministry of Labor and Social Affairs of Armenia had rejected L.A.'s application for a pension on special terms. According to the Service’s position, the years of service as an on-call doctor in the radiology department of the medical center could not be counted towards the required 15-calendar-year work experience for receiving a pension on special terms.
The issue, in fact, was the Service’s differentiated approach to the concepts of a radiologist doctor and an on-call radiologist doctor.
The court, after examining the plaintiff's work record book and considering the legal positions presented by both parties, concluded that the on-call radiologist doctor performs the same duties as a regular radiologist doctor, only under an on-call schedule.
Referring to the principle of prohibition of abuse of formal requirements as outlined in Article 5 of the "Administrative Procedure and Administrative Proceedings Law" of Armenia, the court rightly stated that the plaintiff’s application for a pension on special terms could not be rejected based solely on formal requirements, as the nature of the work performed is crucial. In this case, the work performed by the plaintiff corresponds to the type of work that qualifies for a pension on special terms.
Thus, the court affirmed that the decision of the administrative body was unlawful and, therefore, granted the claim, obliging the Service to award the plaintiff a pension on special terms.
Note:
The ruling in case No. VD/6050/05/19 of the Administrative Court of Armenia has entered into legal force.