MOHINI PHILIP Vs. UNION OF INDIA

JUDGEMENT

(1.) THE above three writ petitions have been filed by one and the same petitioner and having regard to the nature of the issues involved and the submissions made by the learned counsel appearing on either side, they are dealt with together in this order.

(2.) THE petitioner in the above writ petitions was working as a Nursing Officer in military service as on January 30, 1984, when by the impugned proceedings, she was ordered to be released and relieved from service. The petitioner, in the common affidavit filed in support of the above writ petitions, states that she was appointed in the military nursing service on November 10, 1969, that after completion of the probation period her services were regularised, that she got married on January 31, 1982 and that as per the rules she was asked to apply for retention in service. The petitioner also admits, having applied for retention in service, that she was granted extension by virtue of the letter dated May 12, 1982 for a further period of two years which was said to have expired on January 30, 1984 and that on January 30, 1984, the petitioner came to be relieved from service on grounds of marriage. The petitioner also states that her request for extension of retention in service for a further period of two years was turned down and she was not allowed to continue in service.

(3.) THE petitioner further states that the terms and conditions of service for the grant of regular Commissions in the Military Nursing Service were governed by A. I. 274/50 (amended subsequently as A. I. 61/77) issued under the provisions of the Army Act, that under Clause 3 of the terms and conditions, the candidate should submit the application to the Director General, Armed Forces Medical Services, Ministry of Defence, Government of India, New Delhi, in the prescribed form along with the Medical Certificate, that the nursing officer so appointed would be probation for a period of two years from the date of appointment to regular Military Nursing Services, that thereafter, the services will be confirmed, that clause 12 (amended subsequently as Clause 11) of the Army Instructions provided that the appointment, inter alia could be terminated on getting married and that a Circular was issued by the Head Quarters Southern Command, Pune, on April 20, 1977 bearing No. 080403/r/m. 4 under which the nursing officers of the Military Nursing Service (Regular) who were desirous of continuing in service after marriage will have to submit applications in the prescribed form through proper channels, that the superior reporting officers will have to endorse their recommendations on the applications regarding the suitability or otherwise of the applicant for such retention in service and forward the same to the Headquarters and such of the married officers who intended to continue in service after the expiry of initial permission should also apply for further extension of retention in service in the prescribed form. The said application was required to be submitted three months in advance of the expiry of the initial permission for retention in service, and that the retention in service of the married nursing officers would be for a period of two years at a time.