Professional Documents
Culture Documents
211/2010
1
CORAM:
ORDER
30.03.2010
may be directed to withdraw their letter dated 30th April, 2004 and
restore her status and other Nursing Officers at par with all other
officers of the Indian Army as per laid down orders, rules and
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also prayed that respondents may be directed to allow her and all
them as per the rules and regulations of the Indian Armed Forces.
made her official tour to Indian Naval Hospital Ship (in short
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INHS), Asvini, Mumbai. The visit was carried out on 17th and 18th
her authorised staff car i.e. a car with star plate signifying her rank
vide letter dated 05.09.2003 but no reply has been given to her
that she was warned without any statutory authority, not to display
stars and fly flag on her official vehicle which is entitled to her
par with rest of the officers of the Indian Army and it was finally
she sought personal interview with the Chief of Army Staff and the
Chief of Army Staff assured her that all grievances of the MNS
officers would be looked into and all the privileges which had been
given by the Chief of Army Staff was not adhered to. Petitioner
at all levels, she was driven to file the present writ petition before
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the Hon'ble Delhi High Court with aforesaid reliefs and the same
took the position that petitioner was not recruited under Army Act
and Rules and she has been recruited under Indian Military
Act, 1950.
1935 and this Ordinance still holds field till date. Section 3 lays
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reads as under :-
Services (India).
as under:-
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Service.
an officer of the Nursing Services the Act, whether the Army Act
(44 & 45 Vict. C. 58) or the Indian Army Act, 1911 (VIII of 1911),
thereof.
the provisions of the Indian Army Act, 1911 shall apply to the
officers and the provisions of the Army Act shall apply to officers
that Military Nursing Services are part of the Indian Armed Forces
regular forces. From this, what emerges is that they will have the
various orders issued from time to time i.e. with regard to relative
has been given as per the ranks of the officers and same will be
and she has also been equated with the same rank and as per the
petitioner was not recruited under the Army Act, 1950 and she
21. It is true that the petitioner was not recruited under the
Army Act, 1950 but she was recruited under Military Nursing
recruited directly under the Army Act, 1950 and rules framed
Forces or commissioned officer under the Army Act, that will not
distract from the fact that for all purposes she will be treated at par
with the officers of the Indian Armed Forces. The objection that
Simply because she has not been recruited under the Army Act,
that will not in any way reduce her status from commissioned
benefits which a regular officer entitled under the Army Act, 1950
of the regular force of the Indian Armed Forces and extend all
A.K. MATHUR
(Chairperson)
M.L. NAIDU
(Member)
New Delhi
March 30, 2010.