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Court did not accept the submission that the respondent, who was a Permanent Commissioned Officer in the Military Nursing Service, could have been released or discharged on the ground that she had got married
The Supreme Court has said discharging a permanent commissioned officer in Military Nursing Service on ground of her entering into marriage is "manifestly arbitrary and coarse case of gender discrimination and inequality".
A bench of Justices Sanjiv Khanna and Dipankar Datta said accepting such patriarchal rule undermined human dignity, right to non-discrimination and fair treatment, while ordering the Union government to pay Rs 60 lakh to Ex Lt Selina John within eight weeks as full and final settlement.
The Union government had filed a petition challenging the decision of Armed Forces Tribunal, Lucknow to reinstate the respondent with all consequential benefits.
Top Court said the tribunal's order holding the release of the respondent as wrong and illegal, required no interference.
"We are unable to accept any submission that the respondent, who was a Permanent Commissioned Officer in the Military Nursing Service, could have been released/discharged on the ground that she had got married," the bench said.
The court noted this rule was applicable to only women nursing officers. "Such rule was ex facie manifestly arbitrary, as terminating employment because the woman has got married is a coarse case of gender discrimination and inequality. Acceptance of such patriarchal rule undermines human dignity, right to non-discrimination and fair treatment," it added.
Relying upon the judgements in case of 'Anuj Garg and Others Vs Hotel Association of India and Others' (2008) and 'C B Muthamma Vs Union of India' (1979), the court said laws and regulations based on gender-based bias are constitutionally impermissible. Rules making marriage of women employees and their domestic involvement a ground for disentitlement would be unconstitutional.
The court was also informed that Army Instruction No 61 of 1977 titled "Terms and conditions of service for the grant of permanent commissions in the Military Nursing Service" has been withdrawn by a subsequent letter on August 29, 1995.
During the hearing, the bench was also apprised of the fact that respondent did work as a nurse for short time in a private organisation after her release. "Keeping in view the facts and circumstances of the present case, we direct the appellant(s) to to pay compensation of Rs 60,00,000 to Ex Lt Selina John within a period of eight weeks from the date a copy of this order is served/made available to them," the bench said.
Case Title: Union of India And Others vs. Ex Lt Selina John
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