SUJAYA Vs. DIRECTOR GENERAL

JUDGEMENT

(1.) The petitioner is working as a staff nurse in the Military Nursing Service, for short MNS. Her rank is that of a Lieutenant. The petitioner was granted leave for a period of 52 days in the year 1988. The leave was to expire on the 12th October, 1988. While so, the petitioner received a communication from the third respondent informing her that she has been released from service "on marriage grounds". The leave sanctioned to her also was cancelled and consequently she was ordered to report for duty on the 20th September, 1988 (vide Ext. P1). The only inference possible from Ext. P1 is that her services were terminated "on marriage grounds". The petitioner thereupon moved this O.P. and prayed for the reliefs mentioned hereunder:

(2.) According to the petitioner the above order would result in her being discriminated against in matters of employment under the State. She therefore argues that the order is hit by the prohibition contained in Art.14, 15 and 16 of the Constitution. She has a further case that in any event her right to eke out a living, protected by Art.21 of the Constitution of India,- is interfered with by the order. This order, the learned counsel for the petitioner submits, therefore results in the petitioner being, deprived of her fundamental rights as a citizen of India, guaranteed by the Constitution. He therefore argues that the order, based on which the above direction is issued that a female nurse in the MNS, on her getting married, will loose her job, is liable to be declared unconstitutional and hence nonest.

(3.) On a scrutiny of the averments contained in the counter affidavit it is clear that the authority concerned concedes that the service of a nurse in the MNS would get terminated on marriage. At the same time it has been stated that the individual concerned can continue in service provided the continuance is sanctioned by the authority concerned who must be of opinion that the individual possesses the criteria detailed in Annexure 'A' attached to Ext. R1(c) guidelines. A reference in this connection to the following excerpt from the counter affidavit is profitable: