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SC says terminating military nurse on ground of marriage is arbitrary; asks Centre to pay Rs 60 lakh to her

The bench said laws and regulations based on gender-based bias are constitutionally impermissible

TNIE online desk

The Supreme Court has directed the Centre to pay Rs 60 lakh to Lt Selina John, a former permanent commissioned officer from the Military Nursing Service (MNS), who was relieved of her duties in 1988 due to her marriage, TOI said.

The court held that releasing a permanent commissioned officer in Military Nursing Service for her marriage due to a patriarchal rule is "manifestly arbitrary and coarse case of gender discrimination and inequality," according to Deccan Herald.

A bench of Justices Sanjiv Khanna and Dipankar Datta ordered the Union government to pay Rs 60 lakh to Ex Lt Selina John within eight weeks as full and final settlement, finding that her discharge due to her marriage on the basis of a rule was illegal, the reports said.

The Union government challenged the decision of Armed Forces Tribunal, Lucknow to reinstate her with all consequential benefits. The bench, however, said the tribunal's order holding the release of the officer as wrong and illegal, required no interference, Deccan Herald added.

The bench said laws and regulations based on gender-based bias are constitutionally impermissible and the rules making marriage of women employees and their domestic involvement a ground for disentitlement would be unconstitutional

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