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In a recent pronouncement, the Supreme Court asserted that the dismissal of a female nursing officer from the Military Nursing Service on the grounds of matrimony represents a glaring instance of gender bias and inequality. In response, the Court mandated the government to remunerate her with a substantial amount of Rs 60 Lakh as a comprehensive and conclusive settlement. Justices Sanjiv Khanna and Dipankar Datta, constituting the bench, categorically rejected any argument suggesting that the said officer, holding a permanent commissioned position in the Military Nursing Service, could be discharged due to her marital status.

The bench, on February 14, remarked that such a rule, applicable exclusively to female nursing officers, was evidently capricious. Dismissing someone from employment based on marriage was deemed a crude manifestation of gender discrimination and inequality. The order further contended that adherence to such a “patriarchal rule” undermines human dignity, the right to non-discrimination, and fair treatment. Laws and regulations rooted in gender-based biases were unequivocally declared constitutionally impermissible.

Highlighting the flaw in the reasoning that led to the release of Ex. Lt. Selina John from the Military Nursing Service, the apex court observed that the Armed Forces Tribunal’s decision did not warrant interference. The tribunal’s reliance on the Army instruction titled “Terms and conditions of service for the grant of permanent commissions in the Military Nursing Service” was found invalid, having been withdrawn by a subsequent communication on August 29, 1995.

The bench acknowledged that during the proceedings, it was brought to attention that the officer had briefly served as a nurse in a private organization. Considering the nuances of the case, the court directed the appellant(s) to compensate Ex. Lt. Selina John with an amount of Rs.60,00,000/- within eight weeks from the date of this order. Failure to make the payment within the stipulated time would result in an interest rate of 12 per cent per annum from the order’s date.

The court clarified that the awarded compensation of Rs.60,00,000 would constitute a final settlement for all claims made by the officer against the appellants. The tribunal’s order, which initially directed the reinstatement of Ex. Lt. Selina John with back-wages, was modified according to the aforementioned direction. The appeal was subsequently disposed of in the terms mentioned above, with the Union of India and others contesting the tribunal’s ruling in the Supreme Court.