LAWS(SC)-1997-4-131

LT C REETHAMA JOSEPH Vs. UNION OF INDIA

Decided On April 01, 1997
Lt C Reethama Joseph Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioner in this writ petition challenges the impugned order of release from service of the respondent on October 1988. This writ petition was filed under Article 32 of the Constitution of India challenging the vires of rules which enable the respondent to release the petitioner from service after marriage in accordance with the order of the President of India dated 16/1/1968. Clause III of the said order of the President reads as follows:

(2.) Though the constitutional validity of this rule/order is challenged, we do not think that this argument can be accepted in the light of the earlierorder of this court under identical circumstances in Lt. Indira Kumari kartiayoni v. Maha Nideshak, Raksha Mantralaya, Shastra Sena Chikitsa seva '.

(3.) However, the learned counsel seeks permission to challenge the order of release in accordance with the law before the appropriate authority.