IN THE SUPREME COURT OF INDIA

(EXTRA ORDINARY CIVIL WRIT JURISDICTION)

WP (C) No. 806 of 2015

In the matter of:

MNS Corps Association, ...Petitioner

VS

Union of India ...Respondent

COUNTER AFFIDAVIT

PAPER-BOOK

(FOR INDEX KINDLY SEE INSIDE THE PAPER BOOK)

FILED BY:

ADVOCATE FOR THE PETITIONER: Mr. Satya Mitra

 INDEX
RECORD OF PROCEEDINGS

Sl. No. Date of Record of Proceedings Pages

 INDEX

Sl. Particulars Pages

No.
1. Reply to counter affidavit by Petitioner MNS Corps 1 245
Association
2. ANNEXURE R-1 The true extracted copy of the Sainik 246

Samachar, September 16-30, 2006

3. ANNEXURE R-2 The true extracted copy of the 247 - 251

Military Nursing Service Ordinance, 1943 from Military

Law, Officer Training School AMC Centre & School

Lucknow

4. ANNEXURE R-3 The true copy of the Transfer Case 252 - 266

(civil) 38 of 2002

5. ANNEXURE R-4 The true copy of the Army HQs letter 267 - 268

no. B/42127/AG/CW-1 dated 30 April 04

6. ANNEXURE R-5 The true copy of the AFT order in T.A. 269 - 286

No. 211/2010 dated March 30, 2010

7. ANNEXURE R-6 True copy of note titled Brief History 287 - 315
 of Military Nursing Service prepared by the

petitioners dated nil

8. ANNEXURE R-7 The true copy of the (The Indian) 316 - 324

Military Nursing Service Ordinance, 1943

9. ANNEXURE R-8 The true copy of the posting cum 325 - 326

attachment order issued by Army HQs to 456 Field

Hospital vide B/70034/P/DGMS-4A 31 Jan 2017

10. ANNEXURE R-9 The true copy of the attachment plan 327 - 328

issued by Uttarbharat Area 2009 Field Hospital vide

291 905/MC/M-1(MNS) dated 10 Nov 2015

11. ANNEXURE R-10 The true copy of the movement 329 - 330

order issued by 167 MH to 329 Field Hospital w.e.f.

09 Feb 2017 (AN)

 1

IN THE SUPREME COURT OF INDIA

(EXTRA ORDINARY CIVIL WRIT JURISDICTION)

WP (C) No. 806 of 2015

In the matter of:

MNS Corps Association, ...Petitioner

VS

Union of India ...Respondent

COUNTER AFFIDAVIT OF
PETITIONER MNS CORPS ASSOCIATION

I, Major General (Retd), Usha Sikdar, W/o Sh Krishan Chand Dogra

R/o-D-15/11, SF, Presidency Floors, Ardee City, Sector-52, Gurgaon,

Haryana aged around 71 years, do hereby solemnly affirm and declare

as under:

1. That, I am the President of the Petitioner society, duly

authorized by the Executive Committee of the association vide a

 2

resolution, hence competent to file this counter affidavit on

behalf of the Petitioner of this petition.

2. That I have read the counter affidavit filed by the Respondent. I

have understood the contents and purport thereof and deny

each and every averment therein except those which are matter

of record and which have been admitted specifically in the

present counter affidavit.

3. That before giving parawise reply to the counter affidavit it is

humbly submitted that it is necessary to give brief facts of the

case.

BRIEF FACTS

Officers in the MNS are officers of the regular Army

4. The present Military Nursing Service (hereinafter called MNS for

short) has its origin from the Indian Military Nursing Service
 3

(hereinafter called IMNS) which came into being with the Indian

Military Nursing Service Ordinance, 1943. Even prior to this

Ordinance Indian nurses were part of the war efforts as part of

the Allied Forces in the British Indian Army; the origins of the

Nursing Services can be traced to the year 1888 when a small

batch of fully qualified nurses from United Kingdom arrived in

India. These nurses in due course laid the foundation for the

nursing services in the then British Indian Army. During the

Second World War the Indian Military Nursing Service, 1943

Ordinance constituted the IMNS, as part of the armed forces of

the Union. The members of the IMNS were to be of

commissioned rank and shall be appointed as officers of the

IMNS. The Indian Army Act, 1911 applied to them.

Subsequently, the Central Government framed the Military

Nursing Services (India) Rules, 1944.

5. The Indian Military Nursing Service Ordinance, 1943 was a

permanent law, having made when the Indian and Burma

(Emergency Provision) Act, 1940 was in operation; and was an

 4

Act of the Parliament having adopted through Adaptation of

Laws Order (A.L.O.), 1950 dated 26.01.1950. According to the

title, preamble and elsewhere in the Indian Military Nursing

Service Ordinance, 1943, the name of the organization

constituted by the Ordinance remains Indian Military Nursing

Service (IMNS). The Preamble and Section 1 of the Ordinance,

as amended by A.L.O. 1950 and Commander-in-Chief (Change in

Designation) Act, 1955, dated 07.05.1955, reads as under:

An Ordinance to constitute a force to be called the

(Indian Military Nursing Service) as part of the armed

forces of the (Union). Whereas: An emergency has arisen

which makes it necessary to provide for the constitution of

a force to be called the (Indian Military Nursing Service) as

a part of the armed forces of the (Union);

1. Short title application and commencement.(1):

This ordinance may be called The (Indian Military Nursing

Service) Ordinance, 1943.

 5

(2) It applies to members of the Indian Military Nursing

Services wherever they may be.

Further, according to Section 4(1) of the Ordinance the service

liability of the members of the IMNS is restricted to the forces

and persons subject to the Indian Army Act, 1911. The said

Section 4 was amended by A.L.O. 1950 (w.e.f. 26-1-1950) and

reads as on date as given under:

4. Liability of service of members of 1(Indian Military

Nursing Service).

(1) The members of the Indian Military Nursing

Service shall be liable for service only with forces

and persons subject to the Indian Army Act, 1911.

2
(2) [***]

6. The Parliament repealed the Indian Army Act, 1911 and enacted

the Army Act, 1950, which came in to force on 22.07.1950. The

Indian Military Nursing Service Ordinance, 1943 flows from the

 6

Indian Army Act, 1911, which was repealed on the enactment of

the Army Act, 1950; and by this repeal the Indian Military

Nursing Service, 1943 was also impliedly repealed. Thereafter on

12.08.1950 the Respondent issued the Army Instruction 274/50,

which laid down the Terms and Conditions of Service for the

Grant of Regular Commission in the Military Nursing Service. On

which the IMNS cease to exist in the Indian Army as the

members of the IMNS stood absorbed in the MNS. According

to Para 2 (C) of Annexure 'A' to Army Instruction No. 274 of

1950, Rank, Seniority and Promotions (in the MNS) will be with

retrospective effect from 15th August 1947; the relevant portion

of the said instructions reads as under:

These will have retrospective effect from 15th August

1947 or the dates individuals assumes appointments

carrying these ranks whichever is later, provided they

have held such ranks in a temporary capacity

continuously.
 7

7. Therefore, the MNS came in to existence with retrospective

effect from 15.08.1947; by absorbing the members of the IMNS

as officers of the regular Army having given due recognition for

their existing Rank, Seniority and Promotions (received in IMNS

before 12th August 1950). In other words IMNS physically

ceased to exist as it got subsumed in the MNS. The officer

status granted under the Army Act, 1950 in the regular Army

had removed the restrictions on the erstwhile members of IMNS

imposed by the Section 4(1) of the Indian Military Nursing

Service Ordinance, 1943 (limiting the liability of service only with

the Army). The officers serving in the MNS due to their

commission in the regular Army are liable for service in any part

of the world along with Army, Navy or Air Force. Para 1 of

Annexure A to Army Instruction 274/50 which reads as under:

1. Liability for service Personnel granted regular

commissions in the MNS will be liable for service in, any

part of the world and in any branch of the Armed Forces,

i.e. Army, Navy or Air Force.

 8

8. With the coming into force of the Army Act, 1950 and issuance

of Army Instruction 274/50, the members of the IMNS previously

governed by the IMNS Ordinance, 1943, became officers of the

regular Army serving in the MNS subject to provisions of the

Army Act, 1950 under Section 2(1)(a) of the Act. The service

liability in the MNS as stated above is clearly different from that

of the erstwhile IMNS, but in conformity with the definition of

the regular Army as given in Section 3 (xxi) of the Army Act,

1950 which reads as under:

Regular Army means officers, junior commissioned

officers, warrant officers, non-commissioned officers

and other enrolled persons who, by their commission,

warrant, terms of enrolment or otherwise, are liable

to render continuously for a term military service to

the Union in any part of the world, including persons

belonging to the Reserve Forces and the Territorial

Army when called out on permanent service;

 9

9. This Army Instruction 274/50 categorically speaks of regular

commissions in what is now called the MNS. Annexure A to the

said Instruction contains clause 2 (A) which is as under:

2. Rank, Seniority and Promotions.-

(A) Rank.All members of the MNS are granted

commissions on appointment in the rank of Sister.

The rank will be antedated in accordance with clause

(B) below for the purposes of seniority and

promotion.

They rank as follows:-

Sister - Lieutenant,

Senior Sister - Captain.

*Matron - Major

Principal Matron - Lt. Col.

Chief Principal Matron - Colonel.

*Those employed on staff will be called Staff

Matrons.
 10

10. Since the creation of the MNS through Army Instruction 274/50;

like other officers of the regular Army serving in other Arms and

Services; the MNS officers were also granted commission under

Section 10 of the Army Act, 1950, and the Act applies to them

under Section 2 (1)(a) as officers. The Section 10 reads as:

10. Commission and appointment. -The President may

grant, to such person as he thinks fit a commission as an

officer, or as a junior commissioned officer or appoint any

person as a warrant officer of the regular Army.

11. Further, on grant of such commission every officer of the

regular Army is required to make and subscribe an oath or

affirmation as mandated by the Section 16 of the Army Act,

1950 in the manner provided in Section 17 (1) of the Act. This

oath or affirmation binds them as officers of the regular Army

to duty bound, honestly and faithfully serve in the regular Army

of the Union of India. The Section 17 (2) of the Army Act,

1950, reads as under:

 11

(2) The form of oath or affirmation prescribed under this

section shall contain a promise that the person to be

attested will bear true allegiance to the Constitution of

India as by law established, and that he will serve in the

regular Army and go wherever he is ordered by land, sea

or air, and that he will obey all commands of any officer

set over him, even to the peril of his life.

12. The aforesaid oath or affirmation being administrated to all

officers of the regular Army including those in the MNS, were

according to the Army Act, Rules 1950 (superseded by the Army

Rules, 1954), which was reproduced in Army Order 127/50.

Thereafter the said oath or affirmation being administered is

under the Army Rules, 1954; the Rule 9 reads as under:

9. Oath or affirmation to be taken on attestation.

(1) Every person required to be attested under

section 16 shall make and subscribe an oath or

affirmation in one of the following forms or in such

 12

other form to the same purport as the attesting

officer ascertains to be in accordance with the

religion of the person to be attested, or otherwise

binding on his conscience.

Form of Oath

I,..........................,do swear in name of God that I

will bear true faith and allegiance to the Constitution

of India as by the law established and that I will, as

in duty bound, honestly and faithfully serve in the

regular Army of the Union of India and go wherever

ordered by land, sea or air, and that I will observe

and obey all commands of the President of the

Union of India and the commands of any officer set

over me even to the peril of my life.

Form of Affirmation
 13

13. That officers serving in all Arms and Services of the regular Army

including those in the MNS are combatants. According to Rule 8

of the Army Rules, 1954, all combatants are required to be

attested in the manner provided in Section 17 of the Army Act,

1950. The said Rule 8 reads as under:

8. Persons to be attested.All combatants, and other

enrolled persons who may be selected to hold non-

commissioned or acting non-commissioned rank shall

when reported fit for duty, be attested in the manner

provided in section 17.

14. Further, the Army Rules, 1954 are Statutory Rules made by the

Central Government under Section 191 of the Army Act 1950.

The Section 193 of the Army Act, 1950 speaks about Publication

of rules and regulations in Gazette, which reads as under:

193. Publication of rules and regulations in Gazette. -All

rules and regulations made under this Act shall be

 14

published in the official Gazette and on such publication,

shall have effect as if enacted in this Act.

15. Neither the Army Act, 1950 nor the Army Rules, 1954 mention

the name of IMNS anywhere in it (as it became redundant after

the creation of the MNS). To change the name of any

organization or force or even a change in the designation of a

post mentioned in an Act of the Parliament, an amendment Act

shall be passed in the Parliament. For example, the Commander-

in-Chief (Change in Designation) Act of 1955 was passed by the

Parliament to change the designation of the Army Chief from

Commander-in-Chief, Indian Army to Chief of the Army Staff.

Similarly, Article 312 (2) of the Constitution of India shall be

amended through an amendment Act to change the name of the

Indian Administrative Service or the Indian Police Service. On

the risk of repetition it is reiterated that, the name of the force

constituted by the IMNS Ordinance, 1943 as given in the

preamble, Section 1 and elsewhere in the Act remains IMNS

even today. According to Section 1(2) of the said Ordinance, it

 15

applies to members of the IMNS wherever they may be. There

exists no provision in this Act, to apply it to any other force

raised and maintained in India under the authority of the

Government. The Parliament did not make any amendment to

this Act, to change the name of the force constituted by the

Ordinance from IMNS to MNS. Therefore, the IMNS

Ordinance, 1943 remains a special Act, which applied only to the

members of the IMNS. Hence, the IMNS Ordinance, 1943

cannot be applied to the MNS.

16. The Section 2 of the Army Act, 1950 describes the person

subject to the Act. The officers in the MNS becomes subject to

the Army Act, 1950 through their commission as officers, which

is under Sub- Section (1) clause (a); and cannot be under any

other clause listed at (b) to (i). The Section 2 reads as under:

2. Persons subject to this Act. -

(1) The following persons shall be subject to this Act

wherever they may be, namely:

 16

(a) Officers, junior commissioned officers and warrant

officers of the regular Army;

(b) Persons enrolled under this Act;

(c) Persons belonging to the Indian Reserve Forces;

(d) Persons belonging to the Indian Supplementary

Reserve Forces when called out for service or when

carrying out the annual test:

(e) Officers of the Territorial Army, when doing duty as

such officers, and enrolled persons of the said Army when

called out or embodied or attached to any regular forces,

subject to such adaptations and modification as may be

made in the application of 'this Act to such persons under

sub-section (1) of S. 9 of the Territorial Army Act, 1948 (56

of 1948);

(f) Persons holding commissions in the Army in India

Reserve of Officers, when ordered on any duty or service

for which they are liable as members of such reserve

forces;
 17

(g) Officers appointed to the Indian Regular Reserve of

Officers, when ordered on any duty or service for which

they are liable as members of such reserve forces;

1
[* * *]

(i) Persons not otherwise subject to military law who,

on active service, in camp, on the march or at any frontier

post specified by the Central Government by notification in

this behalf, are employed by, or are in the service of, or

are followers of, or accompany any portion of the regular

Army.

(2) Every person subject to this Act under Cls. (a) to 2[(g)] of

sub-section (1) Shall remain so subject until duly retired,

discharged, released, removed, dismissed or cashiered from the

service.

17. According to the above stated Section 2(2) of the Army Act,

1950, the Persons subject to the Act under Section 2 (1) clause

(a) to (i) shall remains so subject until duly retired, discharged,

released, removed, dismissed or cashiered from the service.

 18

The Rule 16A of the Army Rules, 1954 had laid down the

provision for retirement of officers; to free them from being

subject to the Army Act, 1950 under Section 2(1)(a) in the

manner provided in Section 2 (2) of the Act. The said Rules have

listed the MNS among the Specialist Cadres or Services of the

Regular Army. The persons subject to the Army Act, 1950 under

Section 2(1)(a) of the Act can only be retired from the regular

Army under Rule 16A of the Army Rules, 1954 as provided in

Section 2(2) of the Act. This leaves no manner of doubt that the

officers serving in the MNS are officers of the regular Army. The

relevant parts of Rule 16A of Army Rules, 1954 reads as under:

16A. Retirement of officers.

(1) Officers shall be retired from service under the

orders of the Central Government, or the

authorities specified in sub-rule (2), with effect

from the afternoon of the last date of the month

in which they

(a) Attain the age limits specified in sub-rule (5);or

 19

(b) Complete the tenures of appointment specified in

sub-rule 5 (f) (ii) and (g) (ii) and sub-rule (6),

whichever is earlier.

(2) The authorities referred to in sub-rule (1) shall

be

(a) The Director-General, Armed Forces Medical

Services in respect of officers of the Army Medical

Corps, Army Dental Corps and Military Nursing

Service;

(b) The Additional Director-General, Remount and

Veterinary Corps in respect of Officers of that Corps

below the rank of Colonel;

(c) The Deputy Director-General of Military Farms

in respect of Officers of the Military Farms below the

rank of Colonel;

(d) The Military Secretary, Army Headquarters in

respect of all other officers.

 20

18. The Rule 2(f) of the Army Rules, 1954, reads as under:

(f) All words and expressions used in these rules

and not defined, but defined in the Act, shall have

the same meanings as in the Act.

Thus under the Rule 2(f) of the Army Rules the Officers in

the MNS comes under the definition of the Officer as

defined in the Army Act, 1950, Section 3 (xviii), which

reads as under:

(xviii) Officer means a person commissioned,

gazetted or in pay as an officer in the regular Army,

and includes- ... ...

Further, no specific mention is made of any Arms and Services

of the regular Army including MNS in this Section [Section

3(xviii) of Army Act 1950]; confirms the status of MNS forming

part of the regular Army.

 21

19. Further, the Army Rules, 1954 being Statutory Rules shall

preside over all other regulations, orders and instructions be it

from the Government of India or the Army Authorities issued for

the administration of the regular Army.

20. That the subsuming of IMNS in the MNS through Army

Instruction 274/50 and subsequent fulfilment of procedures for

commission in the regular Army like officers serving in other

Arms and Services of the regular Army, the members of the

IMNS absorbed in the MNS became the officers of the regular

Army. The subsequent action of the Respondent through the

issuance of Army Instruction 4/59 confirms the status of the

officers of the MNS as officers of the regular Army, the relevant

part of which is as under:

2. Rank, Seniority and Promotions-

(A) (i) Rank- Commissions will be granted in the

rank of Lieut. On first appointment. This rank will be

 22

antedated in accordance with Clause (B) below for

the purposes of seniority and promotion.

(ii) The rank in the MNS will be as under-

Lieut.

Captain

Major

Lt. Colonel

Colonel

(iii) The present ranks of serving Nursing

Officers will be redesignated to confirm to

the nomenclature given in sub-clause (ii)

above.

(iv) The rank of Nursing Officers when

seconded to the Navy or the Air Force will

correspond to equivalent ranks in those

Services.
 23

21. However, the Section 12 of the Army Act, 1950 puts restrictions

on the enrolment or employment of females in the regular Army;

the relevant portion of which reads as under:

12. Ineligibility of females for enrolment or employment.

-No female shall be eligible for enrolment or employment

in the regular Army, except in such corps, department,

branch or other body forming part of, or attached to any

portion of, the regular Army as the Central Government

may, by notification in the official Gazette, specify in this

behalf.

Such Gazette a notification was not required in the case of

female officers serving in the MNS; as immediately before

commencement (22nd July 1950) of the Army Act, 1950 they

were serving in IMNS as part of the Indian Army. Consequently,

on subsuming the IMNS in the MNS through the Army

Instruction 274/50; the Rank, Seniority and Promotions (in the

MNS) were granted with retrospective effect from 15th August

1947 (Para 2 of Annexure 'A' to Army Instruction No. 274 of

 24

1950). This Section limits only the subsequent entry of females

in to corps, departments, branches of the regular Army which

had no females employed on the commencement of the Army

Act, 1950.

22. It is stated at the risk of repetition that women officers serving

in the MNS are commissioned under Section 10 subject to the

provisions of the Section 16 and 17 of the Army Act 1950.

Further, the Army Act, 1950 applies to them under Section 2(1)

(a) of the Act. The persons subject to the Army Act, 1950 under

Section 2(1)(a) of the Act can only be retired from the regular

Army under Rule 16A of the Army Rules, 1954 as provided in

Section 2(2) of the Act. This leaves no manner of doubt that the

officers serving in the MNS are officers of the regular Army. They

by their commission, are liable to render continuously for a term

military service to the Union in any part of the world, hence is

part of the regular Army under Section 3 (xxi). Additionally, they

are officers of the regular Army as defined in Section 3 (xviii) of

the Act.
 25

23. That in 1962, the Government issued the Defence Service

Regulation (Regulations for the Army), 1962 for the

administration of the regular Army. The said regulations

addresses the MNS as a Corps/Service, and stated that officers

in the MNS are Army Officers and will rank equally with male

officers of the same titular rank. The relevant parts of the 1962

regulation are as under:

Para 733(b) Women Officers serving in the Army

Medical Corps and officers in the Military Nursing

Service will rank equally with the male officers of the

same titular rank, e.g. a captain (woman officer) in

the Army Medical Corps will rank equally with a

captain in the Artillery or Engineers.

24. Subsequent to the Respondents action of re-designation of rank

in the MNS equating them with other officers of the Regular

Army and re-affirming the same through Regulations for the

 26

Army, 1962; the Chief of Army Staff clarified the issue of saluting

the MNS officers through Army Order 501/63. The relevant parts

of which are as under:

1. Military Nursing Service Off icers are required

to salute and are entitled to salutes in the same

manner as other commissioned officers.

2. MNS Officers while wearing uniform with service

caps will salute service officers senior to them and

return the salutes of junior officers and soldiers at all

times.

25. That in the year 1973, the AO 501/63 was cancelled through

Army Order 353/73 and the Chief of the Army Staff again

reiterated that the Military Nursing Service Officers are required

to salute and are entitled to salutes in the same manner as other

commissioned officers; and MNS Officers while wearing uniform

with service caps will salute service officers senior to them and
 27

return the salutes of junior officers and soldiers at all times. The

abovementioned Army Orders 501/63 and 353/73 clearly

demonstrate that officers in the MNS of the regular Army are

required to salute and be saluted in the same manner as other

officers of the regular Army.

26. Subsequently in 1964, the Government introduced a bond for

the Nursing Cadets admitted for training in College of Nursing

under the Armed Forces Medical Services titled Bond to be

Signed by the Father or Guardian of a Minor Girl Admitted for the

B.Sc (Nursing) Course at the Colleges of Nursing Armed Forces

Medical Services and the Surety. Before this date, only the

qualified nurses were inducted in to the Army. The said bond

executed on behalf of the President of India offers commission in

the regular Army on the successful completion of the course.

The relevant part of the bond is as follows:

whereashas been selected by government for

admission towith a view to her being granted

 28

permanent commission/short service commission as a

nursing officer in the regular army

27. That in the year 1977 the Government issued the Army

Instruction 61/77 in supersession of Army Instruction 274/50. In

which similar provisions contained in the AI 274/50. The

Government continued the provision of executing an agreement

on being granted commission in the regular Army. In the stated

agreement the President of India is one party and the other

party is the officer who is being granted the commission in the

regular Army. All the present and past officers in the MNS

including the Petitioners had executed or signed that form of

agreement as given in annexure D to Army Instruction 61/77

(or previously under AI 274/50). According to Para 2 (d) of the

said agreement, the Government shall have the right to

terminate their service at any time without prior notice if they

are found guilty of insubordination. The insubordination is an

offence which is committed by personnel serving in the Regular

Army, under Section 42 of the Army Act, 1950.

 29

28. That with the creation of the MNS forming part of the Regular

Army; several instructions, notifications were issued to define

the status, rank, duties etc for officers in the MNS in exercise of

the powers under the Army Act, 1950. On 15.03.1982, The Chief

of Army Staff through the Army Order 11/82; laid down the

order of precedence of Arms/ Services and Units of the Army

and the earlier Army Order 120/73 on the subject was cancelled.

In which as per the then long established traditions of the Army

in honouring the women, the only all women Corps of the Army

that is the MNS was placed first among the Medical Services at

Para 7 (a) of the Order of Precedence. Army Order 11/82 lays

down the Order of Precedence where the MNS officers of the

regular Army were placed first among the Medical Services. The

relevant part of the Order of Precedence is as under:

7. Medical Services

(a) MNS

(b) AMC
 30

(c) ADC

29. Government of India issued Regulations for the Army, 1987

superseding the earlier regulations of 1962. The said revised

Regulations also deal with the matters concerning the

administration of every Corps of the regular Army including the

MNS. The Para 1 of these regulations says that Army comprises

of (i) the regular Army, (ii) the Army Reserve, and (iii) the

Territorial Army. The said Para 1 reads as under:

1. Composition. (a) The Army is composed of those

who have undertaken a definite liability for military

service, viz., combatant troops, administrative

services/departments and enrolled non-combatant.

(b) The Army comprises-

(i) the regular Army,

(ii) the Army Reserve, and

(iii) the Territorial Army.

 31

The persons subject to the Army Act, 1950 under Section 2(1)(a)

of the Act can only be retired from the regular Army under Rule

16A of the Army Rules, 1954 as provided in Section 2(2) of the

Act. This leaves no manner of doubt that the officers serving in

the MNS are officers of the regular Army. Hence the Regulation

for the Army applies to them as being part of a administrative

service/department forming part of the regular Army. The MNS

finds mention alongside the Arms/Corps/Services of the Army in

every relevant portion in these regulations also. The Paras 32,

58, 65, 66, 67, 75, 76, 77, 81, 105, 109, 255, 341, 618, 619,

621, 733 and 1394 of this Regulations and the corresponding

Paras in the superseded 1962 Regulations irrefutably established

the status of the women officers serving in the MNS as officers

of the regular Army. Both 1962 and 1987 Regulations laid down

that officers in the MNS would rank equally with male officers of

the same titular rank. The relevant portion of which common to

both the Regulations read as under:

 32

Para 733 (b) : Women officers serving in the Army

Medical Corps and officers in the Military Nursing

Service will rank equally with male officers of the same

titular rank, e.g., a captain (woman officer) in the

Army Medical Corps, will rank equally with a captain in

the Artillery or Engineers.

30. Further, the Para 255 of the Regulations for the Army, 1987

refers to the MNS as a Corps/Service of the regular Army. This

was further reiterated when the COAS through the Army Orders

120/73 and 11/82 laying down the order of precedence of the

Arms/ Services and Units of the Army. That the MNS is not

attached to any of the corps or departments as listed in Rule 187

(a) to (x); therefore the MNS is a Corps under Rule 187(1)(y),

Army Rules, 1954, which reads as under:

Corps prescribed under section 3 (vi).(1) Each of the

following separate bodies of persons subject to the Act

shall be a corps-------, namely: ---------- (y) Any other

 33

separate body of persons subject to the Act, employed on

any service and NOT attached to any of the above corps or

to any department.

31. Thus officers in the MNS were officers as defined in Section

3(xviii) of the Army Act, 1950 and MNS is a Corps of the Regular Army.

Differences among the officer Cadres

regardless of the Commonalities.

32. The report of the 5th Central Pay Commission 1997, accepted by

the Government of India, made certain vital determination in

respect of the Indian Army Officers Cadre Configuration and

commented that the MNS is a specialist cadre of the Indian Army

in the following terms:

Officer Cadre of Army Para 147.3 In the Army,

Intelligence Corps, Army Medical Corps,

Army Dental Corps, Military Nursing Service,

 34

Remount and Veterinary Corps, Army Education

Corps, Judge Advocate General's Branch, Army

Physical Training Corps, Corps of Military Police

and Military Farms comprise the specialist

cadres.

33. Officers in the MNS have always been treated on par with the

other officers of the regular Army belonging to the various other

Services as above stated. Some of the features of this common

treatment or features are as under:

i. Same method of commissioning

ii. Same rank, insignia and designation

iii. Identical conditions of service

iv. Same uniform

v. Same service privileges and entitlements

vi. Same retirement conditions and benefits

vii. Same identity cards

 35

viii. Same Form on which Record of Service and Health

Record Card and personal documents are maintained

ix. Same Form on which medical category is maintained

x. No services selection board interview like the doctors

and dentists of the Army

xi. No promotion examination like the doctors and

dentists of the Army

xii. Same promotion board for the nursing, medical and

dental officers of the Army

xiii. Liability to serve in the Army, Navy and Air Force like

the doctors and dentists of the Army

xiv. Same manner of issue of personal numbers

xv. Same Controller of Defence Accounts disburses the

pay and allowances

xvi. Same scale of rations

xvii. Identical accommodation according to rank

xviii. Required to render the same certificate under the

Indian Official Secrets Act, 1923 on commissioning.

 36

xix. Issued with a certificate signed by the President on

commissioning like other Services officers of Army

xx. There are different Army Instructions issued for

every specialist cadre or Services of Army

xxi. Officers in the MNS are listed under the Medical

Services in the Army List.

xxii. Method of selection, training, terms and conditions

of service and employability of officers in the MNS,

AMC and ADC are similar.

xxiii. Eligible for and also awarded with the same awards

and commendations, mention in despatches etc. like

rest of the officers of the regular Army.

34. The MNS is one of the three constituents of the AFMS, the other

two are AMC and ADC. The method of selection, training, terms

and conditions of service and employability of officers in the

MNS, AMC and ADC are similar. However the AFMS officers are

not employed in any other duty other than healthcare and

 37

related administrative jobs. The AFMS officers are not primarily

meant for combat duties and are employed only on jobs which

are non-combatant in nature. However the officers from the

fighting arms like Infantry, Artillery, Signals, Armoured,

Mechanised Infantry etc. does not suffer from such limitations;

the method of selection, training, terms and conditions of service

and employability of officers from the fighting arms are distinctly

different from that of the AFMS officers, however all officers of

the regular Army have the same status regardless of their parent

Arms/ Service.

35. The terms and conditions of service AFMS officers are

comparable to that of the support services like Remounts and

Veterinary Corps (RVC), Military Farms (MF), Judge Advocates

Generals Branch (JAG) etc; however are very much different

from that of the fighting arms like Infantry, Artillery and Signals

etc. The officers of AFMS are officers of the regular Army are

primarily selected for their professional capabilities. The

 38

comparative table showing the differences between the AFMS

officers and officers of other Arms and Services is given under:

Sl AFMS Officers (officers Officers in the Infantry,

No. in the MNS, AMC and Armoured, Artillery, ASC,
ADC) Ordinance etc.
1. No Services Selection Passing Services Selection Board

Board Interview for Interview is mandatory

Selection

2. Not tested for the Mandatorily tested for the officer

officer like qualities like qualities

3. Selection based on Selection based on officer like

potential for qualities

professional training

4. Undergoes only Undergoes intensive military

professional training as training as Cadets

Cadets

5. Undergoes basic Military training of 1 4 years

military training of 4 duration is a pre-requisite for

 39

6 weeks duration after commissioning

commissioning

6. Employability is limited No such limitation exists can be

to hospitals, medical posted in any capacity in the

establishments and Army commensurate with

related administrative qualifications

appointments

7. The Cadre is managed Under the Military Secretary Army

by the Director General Head Quarters

Armed Forces Medical

Service

8. No Basic Young Young officers course after

officers course after commissioning is mandatory

commissioning in the under Para 77 (b) of the

MNS/AMC/ADC Regulations for the Army, 1987

9. Exempted from Promotion examinations are

Promotion mandatory under Para 79 of the

examinations under Regulations for the Army, 1987

 40

Para 81 of the

Regulations for the

Army, 1987

10. Separate entrance National Defence Academy

examination for Examination conducted by the

Nursing and Medical Union Public Service Commission

aspirants after 10+2 for the 10+2 candidates.

for training in the

armed forces to be

commissioned as

officers

11. Direct Commission for Combined Defence Services

Nursing, Medical and Examination, followed by Services

Dental graduates Selection Board Interview

without any Services

Selection Board

Interview

12. Transfer from MNS, Transfer from one regiment or

 41

AMC and ADC to other Corps to another regiment or

regiments/ Corps is not Corps is permitted according to

permitted the provisions of the Regulations

for the Army, 1987

14. Age of superannuation Lower for the Brigadiers and

is higher for Brigadiers below in the fighting Arms, than

and below, compared the AFMS officers

to the fighting Arms

13. Promotion boards are Promotion boards are constituted

constituted under the under the orders of the Chief of

orders of the Director the Amy Staff

General Armed Forces

Medical Services

15. Trained at Armed Trained at National Defence

Forces Medical College, Academy, Indian Military

Command Hospitals Academy, Officers Training

and other large Academy etc.

hospitals etc.
 42

16. Personal Number Personal Number Allotted by the

Allotted by the Director Military Secretary Army Head

General Armed Forces Quarters

Medical Services

17. Change of name of the Change name approved by the

AFMS officers are Military Secretary Army Head

approved by the Quarters

Director General

Armed Forces Medical

Services

18. Tri-Services in Not applicable

character, Nursing,

Medical and Dental

Officers from the Army

are Seconded to the

Navy and the Air

Force; and when

Seconded to the Navy

 43

or Air Force their ranks

will correspond to

equivalent ranks in

those Services.

19. There is separate Not applicable

establishment of

Nursing, Medical and

Dental Officers for the

Army, the Navy and

the Air Force; though

every Nursing Officer,

Medical Officer and

Dental Officer is

originally

commissioned in the

MNS, AMC and ADC

respectively

20. Nursing, Medical and No such special rights exist for

 44

Dental Officers have any other Arms/ Services/

special rights to be Branches of the regular Army

armed and use the under any international law;

arms in their own making the Medical Services of

defence, or in that of every Countries Armed Forces

the wounded and sick unique from the rest of their

in their charge under Armed Forces.

Article 22(1) of the,

Geneva Convention for

the Amelioration of the

Condition of the

Wounded and Sick in

Armed Forces in the

Field. Geneva, 12

August 1949.

36. The officers in the MNS, AMC and ADC are officers of the regular

Army under the military law, though the method of selection,

 45

training, terms and conditions of service, employability,

promotion boards, age of retirement etc. are different from that

of the officers of the fighting Arms. In the Army there is a

distinction between fighting arms, support services and specialist

services. There exists limited mobility of officers between

fighting arms and support services. However there is nil mobility

exists between the specialist services and other cadres.

Regardless of the differences in the entry level educational

qualifications, method of selection and the actual job performed

by the officers from the various cadres, that is Arms and

Services, they are not discriminated based upon their

profession. All women officers of the Services of the Army are

employed in the non-combatant duties including those in the

MNS. The following table gives the actual job performed by the

various officer cadres of the Army and their entry level

educational qualifications:

Sl Officers Cadre Direct Entry: Profession Remarks

 46

No. Educational

Qualification

01 Artillery Any Degree Controlling/leading Fighting

artillery guns Arms

02 Mechanised Any Degree Controlling/ leading Fighting

Infantry battle tanks Arms

03 Infantry Any Degree Controlling/ leading Fighting

foot soldiers Arms

04 Army Aviation Any Degree Piloting army aviation Fighting

helicopters Arms

05 Engineers BE/ B Tech Mine clearance, Fighting

temporary bridge Arms

making etc.

06 Signals BE/ B Tech Handling / providing Fighting

communication Arms

equipments

07 Army Service Any Degree Supplying the stores, Support

Corps spares, food etc. Service

 47

08 Army Ordnance Any Degree Supplying arms, Support

Corps ammunitions etc. Service

09 Corps of BE/ B Tech Maintenance of Support

Electrical and equipments, vehicles Service

Mechanical etc.

Engineers,

10 Army Postal Any Degree Handling of mail Support

Service Corps Service

11 Pioneer Corps Any Degree/ Civil Engineering & Support

BE/ B Tech related works for Service

battle

12 Intelligence Any Degree Intelligence gathering Support

Corps & dissemination Service

13 Army Education Any Degree Teaching in training Support

Corps institutes Service

14 Army Physical Any Degree Physical training of Support

Training Corps troops Service

15 Corps of Military Any Degree Policing of the Army Support

 48

Police Service

16 Military Farms Any Degree Running dairy farms Support

Service

17 Judge Advocate LLB Handling legal affairs Specialist

General's Branch Service

18 Army Medical MBBS Providing medical Specialist

Corps care service

19 Army Dental BDS Providing dental care Specialist

Corps Service

20 Military Nursing BSc (N) Providing Nursing Specialist

Service Care Service

21 Remount and BVSc Providing care to pack Specialist

Veterinary Corps animals, canines etc. Service

22 Regimental 10th Pass (for Same job as fighting Part of his

Commission Serving arms/ support service parent Arm/

personnel officer Support

only) Service

23 General Service 10th Pass (for Clerical Jobs Any Arm /

 49

or Special List Serving Service

personnel

only)

24 Army Medical 10th Pass (for Handling of medical Support

Corps (Non- personnel of stores & management Service

technical) AMC) of personnel

37. That in the Army the status of an officer is decided by the

substantive rank held the officer. The Army in general does not

differentiate its officers based upon the job performed by the

officers. This is almost true in the case of arms and services of

the Army. Even in the case of women officers who may be

employed in jobs which are primarily non-combatant in nature

like teaching, clerical, medical, dental, intelligence gathering,

repairs and maintenance (engineering) etc. are granted equal

status with male officers who are employed in combat duties.

Hence in the case of the Army the status is related to the

substantive or acting paid rank held by the officer, not based on

 50

what is the actual day to day job performed by the officers.

Hence in the Army the job is synonymous with the rank held by

the officer, and his or her status is according the rank held, not

what he or she does. Therefore in the Army equal job is

synonymous with holding same rank. But when it comes to

officers employed in the nursing care, the Army becomes highly

discriminatory and trying to deny them the regular Army officer

status.

38. It is an accepted fact that the officers of the Army do not form a

homogeneous cadre. The officers serving in the Services of the

Army do not constitute a single cadre with officers serving in

Arms and Arms Support, no matter they may all be drawing the

same salary, holding the same rank, wearing the same uniform

and serving the same employer with similar service benefits. The

officers in the Arms and Services of the Army do not form a

homogeneous cadre, but consists of different cadres. The

Honble Supreme Court of India in Civil Appeal No. 3208 of 2015

held that:
 51

32. Applying the above test to the case at hand we

have no hesitation in holding that officers serving in the

Service stream of the Army do not constitute a single

cadre with officers serving in Arms and Arms Support,

no matter they may all be drawing the same salary,

holding the same rank, wearing the same uniform and

serving the same employer with similar service

benefits...

39. Regardless of the lack of homogeneity of the officers cadre of

the Army as they belong to the different Arms/ Corps/ Service;

they (those in the MNS) are appointed in the commissioned rank

and promoted by the President of India under the relevant Army

Instructions issued from time to time which established their

parent Arms/ Corps/ Service. The fact to be placed on record is

that there is no single Army Instruction exists which covers the

rest of the officer cadres of the Army (excluding the MNS). There

are separate Army Instructions exists laying down the terms and
 52

conditions of service in each such Service/ Specialist Cadres. The

terms and conditions of service for officers granted short service

commissions in the ADC was under Army Instruction 115/61 and

the same for AMC under Army Instruction 75/78. In the case of

officers of the MNS, such provisions were initially contained in

Army Instruction 274/50; the Para 8 of which reads as:

Appointments, confirmation, substantive promotion and

relinquishment of commission will be notified in the

Gazette of India.

40. Therefore, such notifications regarding appointments,

confirmation, substantive promotion and relinquishment of

commission of officers in the MNS granted commission in the

regular Army were done through the notifications issued by the

Ministry of Defence in the Gazette of India, Part I, Section 4

under the title Army Branch, Regular Army, Military Nursing

Service in the same manner as other officers of the regular

Army belong to different Arms/ Corps/ Service. The Navy Act,

 53

1957, Section 10 (2) laid down that grant of the commission

shall be notified in the Official Gazette and such notification shall

be conclusive proof of the grant of such commission. The Indian

Navy being part of the Armed Forces of the Union is a Sister

Service of the Indian Army. Hence such notification issued in the

Gazette of India under regular Army in respect of the MNS

officers shall be considered as conclusive proof of such

commission. The Section 10 of the Navy Act, 1957 reads as:

10. Commissions and appointments.(1) Officers other

than subordinate officers shall be appointed by

commission granted by the President.

(2) The grant of the commission shall be notified in the

Official Gazette and such notification shall be conclusive

proof of the grant of such commission.

International Position of Nursing Officers

and their Commissioned Officer Status

 54

41. In the UK there is no segregation of discrimination against the

army nurses. They are called the Queen Alexandrias Royal

Army Nursing Corps and they form an integral part of the Royal

Army. They wear the same uniforms, bear the same insignias

and ranks as officers of the regular army, salute and are saluted

to and have exactly the same status, dignity, rights and

privileges as officers of the regular Army.

42. This is the situation in the US as well. Recently, the head of the

nursing services was made the Commander of the Army Medical

Command and retired as Major General. In the US nursing

officers routinely command hospitals and medical establishments

and are made commanders of the US Army Medical Command.

43. As in the UK and the US so too in Nepal, the nursing officers are

like any other officer of the regular Army on par in every respect

and they wear the same uniform. This is also the situation in
 55

most of Europe and in other developed countries such Australia,

New Zealand and Canada.

44. That, India routinely trains the Army Officer Nurses from

Afghanistan, Bhutan, Nepal, etc. in the Nursing Colleges in the

Army. One thing which is common from the Middle Eastern

country like Yemen or a South East Asian country like Thailand

or a Western country like USA is the existence of commissioned

officer nurses in their Army. This includes our neighbours

Afghanistan, Bangladesh, Bhutan, China, Myanmar, Nepal,

Pakistan and western countries like Australia, Canada, France,

Germany, UK, USA etc. Some of them like USA and UK got

separate branches for Army, Navy and Air Force. And in the

Western Countries like USA the Commissioned Nursing Officers

are given the Command of Military Hospitals and Medical

Commands. So many countries could not have gone wrong in

their judgments by granting commissioned officer rank to the

 56

Nurses in their Armies and treating them equal with other

branches of the regular Army or defence forces.

45. That the women officers of the MNS are also routinely required

to lead a team of male personnel consisting of ambulance

assistants, nursing assistants, nursing technicians, emergency

care and trauma technicians, housekeeping staff and civilian

staff who are placed under them. She handles combatant male

patients like Officers, Junior Commissioned Officers and other

ranks from all services including Para Military forces in

insurgency prone areas, in her day to day patient care. Some of

the women officers in the MNS perform instructional duties in

the training centers for the male nursing assistants, teaching

them the basic nursing skills. All these different roles, they have

performed in the extremely hierarchical, rank, status and class

conscious environment of the Army with the strength of their

commissioned ranks.

Posting of MNS officers in Combat/ Conflict Zones

 57

46. The Nursing Services rendered glorious service to the fighting

elements of the Army during its 129 years of existence. The

women officers serving in the MNS are the most combat exposed

women in Indian Army. They have served through two World

Wars. According to the historical records, around 350 Indian

Army Nurses either died or taken prisoner or missing in action

during the two World Wars. On a single day on 14 February

1942, fifteen IMNS Nurses died in the sinking of SS Kuala by

the Japanese dive bombers of the Coast of Pom Pong Island.

47. The officers of the MNS have served on the fringes of the battle

fields in the five major bloody wars we have fought after

independence. The officers in the MNS are still caring for the sick

and wounded soldiers in the terrorist torn North and North East

to the field area bunkers just a stones throw away from the

international borders. The officers in MNS over the years have

supported our combat forces in UN Missions at Korea, Gaza,

Vietnam, Somalia, Rwanda, Angola, Ethiopia, Sudan, Lebanon,

 58

Cambodia, and Sierra Leone etc. and with IPKF in Sri Lanka, also

in war ravaged Afghanistan, earth quake struck Nepal etc. No

women officer from other services in the Indian Armed Forces

ever got killed in action, or taken POWs or endured so many

hardships in the service of our great Country.

48. In 1996 or thereabouts the Army discontinued weapon and arms

training for the officers of the MNS. Every officer of every branch

of the Army gets weapon and arms training. This is true of all

the doctors, all the lawyers, dentists, veterinarians, education

branches, postal service, military farming personnel and so on.

None of these personnel from these branches except the doctors

are required to go near the battle front. The officers of the MNS

are required to go near the battle front whenever the situation

demands it. In fact in the agreement for service entered into

between the Government of India and the officers of the MNS it

is specifically stated as under:

 59

If appointed to service I agree. to proceed on field

service and to any station in or out of India to which I

may be ordered

49. Further, the officers of the MNS may be ordered to go abroad

and have been so ordered to operate in Sudan, Congo, Sierra

Leone, Lebanon, Tajikistan, Afghanistan, Srilanka, Somalia and

elsewhere. In some of these places such as Sudan, Congo,

Somalia, Sierra Leone, Afghanistan and Srilanka the officers of

the MNS were posted in war zones and conflict zones. As on

date a total of 20 MNS Officers are serving abroad with the

combat forces of the Indian Army, the places are namely,

Tajikistan, Sudan, Lebanon and Congo. No women officer from

other services in the Indian Armed Forces serves in such combat

zones except the women officers of the medical services.

50. In India the officers of the MNS have been posted at J&K where

it is impossible to distinguish which part of the state is a conflict

zone and which is not. They are posted at border static

 60

hospitals and elsewhere. These border static hospitals are often

close to the Line of Control (LOC) with Pakistan. Such hospitals

near LOC at Tangdhar in Kupwara Dist and at Kargil are within

the reach of small arms fire from across the border. The Tangdar

and Badami Bagh camp at Srinagar are frequently targeted by

the militants.

51. In Assam and other parts of the North East the officers of the

MNS have been posted to counter insurgency areas. In Manipur

areas have been declared as disturbed areas under AFSPA, and

the officers of the MNS are posted in these disturbed areas. Not

only are the officers of the MNS required to work in the hospitals

but they are also required to accompany the patients in

ambulances when they are being transferred in the conflict

zones and insurgency prone areas.

52. The officers in the MNS often travel with persons from other

Arms/Services of the regular Army in convoys through conflict

 61

zones and insurgency areas thus facing the same level of threat

to their lives as other army personnel.

53. The distinction between combat and non combat officers of the

Army is not to be found in any statute or any Army Order or

Army Instruction. This is because in many situations officers of

the MNS are required to work in insurgency prone areas,

disturbed areas and possibly very close to combat zones. In

those circumstances they will be required to protect themselves,

which is not possible as the arms training is presently denied to

them. Not only are they required to serve in such places, but

also they have agreed in writing to do so. The Honble High

Court of Delhi in its order dated 12.03.2010 in WP (C) No. 1597

of 2003, regarding grant of permanent commission to women in

Army and Air Force at Para 34 had observed that,

.......the traditional distinctions between combat and

non-combat or combat support roles having become

blurred with the introduction of deep battlefield and

 62

over-the-horizon weaponry as observed by Dr. Jakkie

Cilliers, Co-Director, Institute for Defence Policy in an

article published in the South African Defence Review

Issue No.9, 1993 "Feminism and the Military,

Developments in the United States of America".

Arms Training to MNS Officers

54. To deprive the officers of the MNS of arms training was an

arbitrary act which renders the officers of the MNS vulnerable,

and the said instruction or orders issued orally or in writing

ought to be set aside by this Court. The written orders are not

available hence this Court may direct their production.

55. In this regard one ought to take note of Article 22 of the

Geneva Convention for the Amelioration of the Condition of the

Wounded and Sick in Armed Forces in the Field which is as

under:
 63

ARTICLE 22

The following conditions shall not be considered as

depriving a medical unit or establishment of the

protection guaranteed by Article 19:

(1) That the personnel of the unit or establishment are

armed, and that they use the arms in their own

defence, or in that of the wounded and sick in their

charge.

56. That the Medical personnel have the right to bear arms and may

in case of need, use them in their own defence or in that of the

wounded and sick in their charge. The purpose of the provision

is undoubtedly to make it possible for the medical personnel to

ensure the maintenance of order and discipline in a hospital or

sick-bay on land, in a hospital ship and protect it against

individual hostile acts. A medical establishment is under military

discipline, and its personnel must be provided with small arms,

to prevent patients from leaving the premises without permission

 64

or from committing hostile acts, and to ensure that the Nurses

enjoy the respect to which they are entitled.

57. That the Army in order to discriminate the officers in the MNS

from officers in the other Arms/Services of the regular Army and

has stopped giving them the arms training, thereby deprived

them of the right to bear arms and use them in their own

defence as provided under the Article 22 of the afore said

Geneva Convention. This most important provision for the

medical personnel is being conveniently ignored by the Indian

Army regardless of the fact that India is a signatory to the said

Convention. However still there are international shooters who

are serving officers of the MNS. Indias first gold medal in a

womens event at the Common Wealth Games 2006 was won by

Lt. Col. (then Major) Saroja Kumari Jhuthu an officer in the MNS.

Lt. Col. Jhithus illustrious career started with her being adjudged

the Best Shot during the Initial Nursing Officers Course in 1991

after her commissioning in the regular Army. She joined the

 65

Indian Armys shooting team on 10th July 1993 and participated

in 13 national events, 4 national games, 17 world cups, 01 Asian

shooting championship, 1 world shooting championship, 2

common wealth championship, 2 SAF games and 1 common

wealth games. She won 13 gold medals 51 silver medal and 35

bronze medals for the Indian Army and made the Nation proud.

She was the countrys flag bearer in commonwealth games

2006. Typed true copy of the article appeared in the Sainik

Samachar dated 16 30, 2006 is annexed herewith as

Annexure R-1 (page 246).

Lt.Col (Mrs) Birmati is another woman officer in the MNS who

made the Nation proud. In her illustrious career spread over a

decade beginning in 1992, she has participated in national and

international shooting championships and won a total of 03 gold

medals, 09 silver medals and 11 bronze medals in 50 m standard

rifle, 10 m air rifle and big bore events for the Indian Army. She

also became a shooter through the regular arms training in

vogue for the MNS officers. However, the Indian Army trying
 66

erase its own past by denying the contribution made by the MNS

officers in shooting.

Violations of terms and conditions of service

of the MNS officers

58. That the grant of commission under Section 10 Army Act 1950,

administration of oath or affirmation under Section 16 and 17 of

the Act; and following the procedure laid down in Rule, 8 and 9

of the Army Rules, 1954; and mention in Rule 16A of the said

Rules; provisions of Army Instructions 274/50, 4/59, 30/69,

61/77 and 3/98; and Army Orders 127/50, 501/63, 120/73,

353/73 and 11/82; Regulations for the Army 1962, and revised

edition 1987, Paras 32, 58, 65, 66, 67, 75, 76, 77, 81, 105, 109,

255, 341, 618, 619, 621, 733 and 1394; scales of

accommodation for defence service, 1983 and revised edition,

2009, and the surety bond to being executed by the nursing

cadets before commencement of the training etc. laid down

 67

conditions of service and irrefutably granted the status of

Officers of the regular Army to MNS officers. Further, the

persons subject to the Army Act, 1950 under Section 2(1)(a) of

the Act can only be retired from the regular Army under Rule

16A of the Army Rules, 1954 as provided in Section 2(2) of the

Act. This leaves no manner of doubt that the officers serving in

the MNS are officers of the regular Army.

59. That the Army is trying to bring in differences between officers

of the MNS and other AFMS officers of the regular Army. They

have suspended the issue of the certificate of commission from

the President of India, changed the uniform of the officers in the

MNS to a different colour and style from the other officers,

stopped giving them firearms training, reduced their pay scales

and grade pay, changed their travel entitlements including

discontinuing the Form G for concessional travels in trains and

clubbed it with Concession Voucher meant for personnel below

officer ranks. They are trying to change the surety bond for
 68

training, segregate their family accommodations from other

officers, change their rank insignias and rank designations.

 69

Deliberate and Wilful Distortions of Law

60. That the Indian Army is guilty of deliberate distortions of law

regarding the MNS. Evidence of this is a book published by the

Army titled Military Law Officer Training School AMC Centre &

School Lucknow PSR May 2003. This publication makes out as if

the Ordinance 1943 is still in place and effective. Wilful

distortions are made in the 1943 ordinance to give the

impression that it is this ordinance that binds officers of the MNS

even today.

61. This book is used as a training manual and is repeatedly used to

point out to the MNS officers and others that they do not have

the rank and status of officers of the regular Army. In this book

the name of the force (Indian Military Nursing Service)

constituted by the IMNS Ordinance, 1943 was changed to

Military Nursing Service all throughout (preamble and Sections)

and; at Section 4, replaced the part of the sentence Indian

Army Act, 1911 with Army Act 1950. Similar version of the
 70

IMNS Ordinance is being circulated / taught in all the Training

Establishments of the Army. The same has been elaborated

further in the Parawise Reply of Para 7,

62. That the following comparative table gives the Section wise

comparison of the IMNS Ordinance, 1943 as it exists in the

statute books and the false version being circulated in the Army.

It is self explanatory and explicit in all terms and removes all

doubts regarding the deliberate and wilful acts by the Army to

downgrade the status of the Petitioners and other officers of the

MNS granted commission in the regular Army by the President of

India.

Part/ IMNS Ordinance, Indian Armys

Section 1943, Statutory Officially Circulated

Version False Version

Title (THE INDIAN) MILITARY NURSING

MILITARY NURSING SERVICE ORDINANCE

 71

SERVICE ORDINANCE, 1943 [ORDINANCE XXX

1943 [30 of 1943] of 1943]

Preamble An Ordinance to

constitute a force to

be called the (Indian

Military Nursing

Service) as part of the

armed forces of the

(Union). WHEREAS: an

Whereas: An emergency has arisen

emergency has arisen which makes it

which makes it necessary to provide for

necessary to provide the constitution of a

for the constitution of force to be called the

a force to be called the Military Nursing Service

(Indian Military as a part of the armed

Nursing Service) as a forces of the Union.

part of the armed

 72

forces of the (Union); NOW, therefore, in

Now, THEREFORE, in exercise of the powers

exercise of the powers conferred by section 72

conferred by section of the Government of

72 of the Government India Act. As set out in

of India Act, as set out the Ninth Schedule to

in the Ninth Schedule the Government of India

to the Government of Act, 1935. The Governor

India Act., 1935, The General is pleased to

Governor-General is make and promulgate

pleased to make and the following

promulgate the Ordinance:-

following Ordinance:-

Section 1 1. Short title 1. Short Title

application and Application and

commencement. Commencement:-

(1) This ordinance This ordinance may be

may be called The called THE INDIAN

 73

(Indian Military MILITARY NURSING

Nursing Service) SERVICE ORDINANCE,

Ordinance, 1943. 1943. It applies to

(2) It applies to members of the Military

members of the Indian Nursing Services

Military Nursing wherever they may be.

Services wherever It shall come into force

they may be. at once.

(3) It shall come into

force at once.

Section 2 2. Definitions. - In 2. Definition:- In this

this Ordinance, unless Ordinance, unless there

there is anything is anything repugnant in

repugnant in the the subject or context:-

subject or context. (a) "Prescribed' means

(a) "prescribed' means prescribed by rules

prescribed by rules made under this

made under this Ordinance.

 74

Ordinance (b)"Regulations" means

(b)"regulations" means regulations made under

regulations made this Ordinance.

under this Ordinance.

Section 3 3. Constitution of 3. Constitution of

Indian Military Military Nursing

Nursing Service. Service:- There shall

(1) There shall be be raised and

raised and maintained, maintained, in the

in the manner manner hereinafter

hereinafter provided, provided, as part of the

as part of the armed armed forces of the

forces of the '(Union) Union and for service

and for service with with the Military forces

(the Indian) Military an auxiliary force which

forces an auxiliary shall be designed the

force which shall be Military Nursing Service.

designed the Military

 75

Nursing Services

(India).

Section 4 4. Liability of 4. Liability of service

service of members of members of

of (Indian Military Military Nursing

Nursing Service).- Service:- The members

(1) The members of of the Military Nursing

the Indian Military Service shall be liable

Nursing Service shall for service only with

be liable for service forces and persons

only with forces and subject to the Army Act.

persons subject to the 1950.

Indian Army Act,

1911.

Section 5 5. Members to be of 5. Members to be of

commissioned commissioned rank:-

rank.All members of All members of the

the (Indian Military Military

 76

Nursing Service) shall Nursing Service shall be

be of commissioned of commissioned rank

rank and shall be and shall be appointed

appointed as officers as officers of the Military

of the (Indian Military Nursing Service by the

Nursing Service) by Central Government by

the Central notification in the

Government by Official Gazette.

notification in the

Official Gazette.

Section 6 6. Eligibility for 6. Eligibility for

appointment.(1) appointment:- Any

(Any citizen of India) if citizen of India if a

a woman and above woman and above the

the age of twenty-one. age of twenty one, shall

shall be eligible for be eligible for

appointment as an appointment as an

officer in the officer in the

 77

Indian Military Military

Nursing Services) and, Nursing Services and, if

if she satisfies the she satisfies the

prescribed conditions prescribed conditions,

may be appointed may be appointed

thereto in the manner thereto in the manner

laid down in section 5. laid down in Sec 5.

(2) Every person so Every person so

appointed shall be appointed shall be

subject to this subject to this

Ordinance and to the Ordinance and to the

rules and regulations rules and regulations

made thereunder. made thereunder.

Section 7 7. Dismissal from 7. Dismissal from

Indian Military Military Nursing

Nursing Service. Service:- The Central

The Central Government, or an

 78

Government, or an authority empowered by

authority empowered the Central Government

by the Central in this behalf, or the

Government in this Chief of the Army Staff

behalf, or the (Chief of may dismiss any officer

the Army Staff) may from the Military

dismiss any officer Nursing Service.

from the (Indian

Military Nursing

Service).

Section 8 8. Liability to 8. Liability to

undergo training undergo training and

and perform perform duties:-

duties.Subject to Subject to the

the provisions of this provisions of this

Ordinance, a member Ordinance, a member of

of the (Indian Military the Military Nursing

Nursing Service) shall Service shall be bound

 79

be bound to undergo to undergo such training

such training and in and in such manner and

such manner and to to perform such duties

perform such duties in in connection with

connection with Military Forces as may

(Indian) military forces be laid down by

as may be laid down regulations.

by regulations.

Section 9 9. Application of 9. Application of

Army Act and Army Act and Indian

Indian Army Act Army Act. 1911:-

1911, to members Provision of the Army

of Indian Military Act 1911, shall to such

Nursing Service. extent and subject to

(1) The provisions of such adaptations and

the Indian Army Act, modifications as may be

1911 shall, to such prescribed, apply to

extent and subject to members of the Military

 80

such adaptations and Nursing Service as they

modifications as may apply to Indian

be prescribed, apply to commissioned officers

members of the Indian unless they are clearly

Military Nursing inapplicable to women.

Service as they apply

to Indian

commissioned officers,

unless they are clearly

inapplicable to women.

Section 10 10. Power to make 10. Power to make

rules.(1) The rules:- (a) The Central

Central Government Government may by

may, by notification in notification in the

the Official Gazette Official Gazette make

make rules to carry rules to carry out the

out the purposes of purposes of this

this Ordinance. Ordinance. (b) In

 81

(2) In particular and particular and without

without prejudice to prejudice to the

the generality of the generality of the

foregoing power, rules foregoing power, rules

may be made under may be made under this

this section section:-

(a) providing for the (i) Providing for the

medical examination medical examination of

of persons offering persons offering

themselves for themselves for

appointment in the appointment in the

(Indian Military Military Nursing Service.

Nursing Service); (b) Providing for any

(b) providing for any matter which under this

matter which under Ordinance is to be or

this Ordinance is to be may be prescribed.

or may be prescribed.
 82

Typed true copy of the said false version of the Ordinance

circulated within the Army is being filed herewith as Annexure-

R-2 (Pages 247 to 251).

63. After the year 2000 an issue arose relating to medical officers

and nursing officers of the regular army wearing the same

uniform as it was said that it was difficult for the patients to

distinguish between the doctors and the nurses. Accordingly

steps were taken by the army to change the uniform of the

nursing officers. This controversy reached the Supreme Court

and judgment was delivered on 13.11.2003 in Transfer Case (c)

38 of 2002. In that decision relating to the nature of the uniform

to be worn by the nursing officers an observation crept in

namely:

That the Indian Military Nursing Service is a

separate class, sui generis even though an auxiliary

force of the Indian Military, is an undeniable fact.

 83

True copy of the judgment dated 13.11.2003 delivered by this

Honble Court in Transfer Case (c) 38 of 2002 annexed herewith

and marked as Annexure R-3 (Page 252 to 266).

64 Based on this observation the central government and the Chief

of Army staff began introducing a series of changes in the

service condition and status of the officers of the MNS of the

regular army designed to downgrade their status and change

their service conditions to their detriment.

65. A perusal of the above decision shows that, on the basis of

wrong submissions relating to the statutes in question, certain

errors were committed by this Honble Court in that decision, as

a result of which, the submission is now being made by the

petitioner, that the said decision is per incurium as the changes

in the statutes were not brought to the notice of the Court and

the fact that the Ordinance relied upon had been impliedly

repealed was also not brought to the notice of the Court.

 84

66. Secondly, the extensive statutory and ground level changes as

stated in the earlier paragraphs integrating the officers in the

MNS as officers of the regular Army in every respects, the

observation of the Supreme Court abovementioned which might

have been correct prior to the Army Act, 1950 can no longer

said to be a correct statement on law or facts. What has been

stated in the judgment as an undeniable fact is completely

contrary to all the statutory and ground level and statutory

changes that have taken place and have been set out in detail in

the aforesaid paragraphs. So misleading was the presentation of

the statutory scenario and facts presented to the Supreme

Court, that the Supreme Court was not informed:

i) That the Ordinance of 1943 on which the

entire judgment rests was impliedly repealed

by the enactment of the Army Act, 1950 and

various statutory instruments made thereafter.

 85

ii) That the IMNS, (which term is used repeatedly

in the judgment) ceased to exist in 1950 and

was replaced by the Military Nursing Service

which was a substantially different force even

though the nomenclature may sound similar,

because the MNS was integrated into the

regular Army in every respect through a series

of statutory instruments and ceased to be a

separate class or an auxiliary force;

iii) The numerous statutory instruments in the

form of Army Rules, Army Instructions and

Army Orders integrating the Military Nursing

Services completely into the regular Army were

not brought to the notice of the Supreme

Court.

67. Therefore, in the petitioners submission, this decision ought not

to be treated as binding and the issues of law and the

 86

determinations on facts ought to be reconsidered. At the very

minimum the observation in the decision that The Indian

Military Nursing Services is a separate class sui generis, even

though an auxiliary force of the Indian Military, is an undeniable

fact should not be taken to be correct and binding and ought to

be held to be an observation made per incurium and on the

basis of wrong factual submissions made to the Court by the

parties.

68. After the above observation by the Supreme Court, the Army

started introducing a series of changes. By order dated 30.04.04

the Army made an order stripping the car flags and star plates

from the official cars used by the senior MNS officers of the

General officer rank in the following terms:

Para 3. The Indian Military Nursing Service Officers

are not covered under the definition of Officer as

given in AA 3(xviii) Army Act 1950. The Military

Nursing Service was raised vide Indian Military

 87

Nursing Ordinance, 1943 in that, MNS officers are

appointed as officers of Indian Military Nursing

Service

4. In view of the above, under the provisions of

existing Army Orders/ Regulations for the Army,

Nursing Officers are not authorised to fly flags or

display star plates.

True copy of the army headquarters AG/CW-1flying of car flags

and display of star plates nursing officers annexed herewith and

marked as Annexure R-4 (Pages 267 to 268).

69. That the order dated 30.04.04 by the Army stripping the car

flags and star plates from the official cars used by the senior

MNS officers was challenged by the then ADGMNS, through the

case Major General Mrs. Usha Sikdar (Retd.) versus Union of

India & Ors., and the decision of the Armed Forces Tribunal

dated 30.03.10 was delivered in her favour.

 88

True copy of the order dated 30.03.2010 passed by the Armed

Forces tribunal, Principal bench at New Delhi in T.A. No.

211/2010 annexed herewith and marked as Annexure R-5

(Pages 269 to 286).

70. This case was also wrongly pleaded before the Tribunal by the

Army that stated:

Para 4: A reply was filed by the respondents and

respondents took the position that petitioner was

not recruited under Army Act and Rules and she

has been recruited under Indian Military

Nursing Ordinance 1943 and she cannot be treated

to be part of Regular Army. As such she cannot

be considered at par with officers who are

regularly recruited under Army Act. Specially

learned counsel for respondents has drawn our

attention to definition of 'officers' given in

Section of Army Act 3(XVlll) Army Act, 1950.

 89

71. This was wrongly accepted by the Tribunal which observed as

under:

Para 6: Petitioner was recruited under the

Indian Military Nursing Ordinance, 1943. The

Ordinance was issued in exercise of power

conferred by section 72 of the Government of

India Act, 1935 and this Ordinance still holds field

till date. Section 3 lays down the Constitution of

the Indian Military Nursing Service which reads as

under

72. A perusal of this decision shows that from Para 6 onwards a

substantial part of the judgment is based on the IMNS Ordinance

1943 in respect of an officer who was commissioned in 1967

when the ordinance was no longer in force and the petitioner in

that case was governed by a totally different statutory regime

 90

starting with the Army Act, 1950 and various Army Instructions

and Army Orders made thereafter. Even in Para 21 it is stated:

Para 21: It is true that the petitioner was not

recruited under the Army Act, 1950 but she was

recruited under Military Nursing Ordinance, 1943

and as per the provisions of the Ordinance as well

as the rules, she has been fictionally treated as

regular member of the Indian Armed Forces,

though she was not recruited directly under the

Army Act, 1950 and rules framed thereunder

73. Although the ultimate decision was in favour of the petitioner in

that case, and the reasoning in the latter part of Para 21 is

correct, the earlier observations to the effect that she was

appointed and was governed by the Ordinance of 1943 is based

on the UoI making wrong submissions before the Tribunal.

 91

74. The wrong submissions made by UoI to the Supreme Court in

Transfer Case ( C ) 38 of 2002 mentioned earlier as well as the

decision of the Tribunal dated 30.03.10 mentioned above is

probably not accidental but intentional. Evidence of this is the

training booklet published by the Army mentioned earlier. This

publication makes out as if the Ordinance 1943 is still in place,

and effective and wilful distortions are made in the 1943

ordinance to give the impression that it is this ordinance which

binds officers of the MNS even today. This book is used as a

training manual and is repeatedly used to point out to the MNS

officers and others that they do not have the rank and status of

officers of the regular Army. In line with this many official

publications in the armed forces including Indian Air Publication

(IAP) dealing with medical services issued by the Chief of the Air

Staff have been amended to downgrade the status of the

officers in the MNS.

75. In the above cases [Supreme Court - Transfer Case (c) 38 of

2002 and Armed Forces Tribunal - T.A. No. 211/2010] the

 92

respondents have wrongly presented that the MNS and the

erstwhile IMNS are nothing but the same organisation and the

IMNS Ordinance, 1943 applies to the officers of the MNS. The

comparative table showing the difference between the members

of IMNS and officers of MNS is being given hereunder which is

self explanatory and explicit in all terms and removes the cloud

created around the same:

Sl MNS IMNS
No.
1. Officers of the MNS/ Other Subject to the IMNS

Services/ Arms are subject Ordinance, 1943, and the

to the Army Act, 1950 and Indian Army Act, 1911 and

Rules made thereunder. the Rules made thereunder.

2. MNS/other Services/ Arms IMNS was an auxiliary force

forms part of the regular part of the armed forces.

Army.

3. Officers of the MNS and Members of the IMNS were

other Services/ Arms are auxiliary forces supporting the

officers of the regular regular Army.

 93

Army.

4. Officers of the MNS like all Not applicable

other officers of regular

army are to be Attested as

provided in Section 16 of

the Army Act, 1950 on

commissioning.

5. Officers of the MNS like all Not applicable

other officers of regular

army subscribe to the

Oath/ Affirmation to serve

in the regular Army as

given in Rule 9 of the Army

Rules, 1954.

6. Officers of the MNS like all Appointed by the Central

other officers of regular Government under Section 5

army commissioned by the of the Indian Military Nursing

President of India in Service Ordinance, 1943.

 94

accordance with Section

10, 16 and 17 of The Army

Act, 1950 read with Rule 8

and 9 of the Army Rules

1954.

7. Officers of the MNS and Not applicable

other Services/ Arms are

combatants according to

the Rule 8 of the Army

Rules, 1954.

8. Terms and conditions of Terms and conditions of

service of the officers of service in IMNS were set by

the MNS, like all other the Ordinance and the Rules

officers of regular army are made thereunder issued

set by the relevant Army before 22nd July 1950.

Instructions issued after

the commencement of The

Army Act, 1950 (22nd July

 95

1950).

9. All the Sections of the Only clause (d) of section 30

Army Act, 1950 applies and clause (i) of section 39 of

without any adaptations The Indian Army Act, 1911

and modifications to applied to offences committed

officers of the MNS/ Other by the members of the IMNS.

Services/ Arms.

10. Any Indian national, According to Section 6(1) of

subject of Nepal or any the Indian Military Nursing

individual in whose favour Service Ordinance, 1943 only

a declaration of eligibility Indian Citizens are eligible for

has been issued by the appointment in the IMNS.

Govt. of India is eligible for

commission in MNS like all

other branch of regular

army.

11. Officers of the MNS like all Liable to serve only with the

other officers of regular forces and persons subject to

 96

Army are liable to serve The Indian Army Act, 1911.

with Army, Navy and Air

Force in any part of the

world.

12. Officers of the MNS use Members of the IMNS were

same rank designations as ranked as Ward Sister, Senior

in other Services/Arms of Sister, Matron etc.

the Army.

13. MNS officers minimum age According to Section 6(1) of

for grant commission in the the IMNS Ordinance, 1943

regular Army is only 20 age shall be above 21 years.

years.

14. According to Para 733 (b) Not applicable being an

of the Regulations for the auxiliary force.

Army, 1987 officers in the

MNS ranks equally with

male officers.

15. MNS is currently a Corps/ IMNS cease to exist on the

 97

Service of the regular repeal of The Indian Army

Army. Act, 1911 (22nd July 1950).

16. Only the persons subject to Rule 16A of the Army Rules,

the Army Act, 1950 under 1954 was not applicable to

Section 2(1)(a) of the Act the members of the IMNS.

can be retired from the

regular Army under Rule

16A of the Army Rules,

1954 as provided in

Section 2(2) of the Act;

and officers in the MNS are

being retired from the

regular Army accordingly.

Flaws in the Recommendations of the

Law Commission of India

 98

76. In 2014 the Law Commission of India in report no. 249 relating

to obsolete law warranting immediate repeal recommended that

the IMNS Ordinance of 1943 be repealed and suitable

amendments brought in the Army Act of 1950 to incorporate

provisions pertaining to the erstwhile members of the IMNS.

While doing so the Law Commission failed to notice an

elementary and obvious fact namely that after the Ordinance of

1943 many statutory developments had taken place and that

extensive statutory provisions relating to the erstwhile members

of the IMNS as well as subsequent joining members of the MNS

of the regular Army had been enacted. There was therefore no

need for the Law Commission to recommend that suitable

amendments be done to the Army Act, 1950 as extensive

amendments had already been enacted and were being

implemented. The stand of the petitioner is that with the

subsequent statutory developments and amendments made

from time to time starting with the Army Act, 1950 and all the

statutory developments thereafter as set out above, the IMNS

Ordinance of 1943 ceased to have any effect or force and was

 99

impliedly repealed. Moreover, the IMNS Ordinance of 1943 flows

from the Indian Army Act, 1911 which was repealed by the Army

Act, 1950 and by this repeal the IMNS Ordinance, 1943 is also

impliedly repealed.

77. That the Report of the Law Commission of Indias

Recommendation of suitable amendments to the Army Act,

1950 to incorporate provisions pertaining to members of the

IMNS on the repeal of the Indian Military Nursing Service

Ordinance, 1943 is totally unjustifiable and devoid of any merit

as stated earlier, the IMNS physically ceased to exist in the

Indian Army on the repeal of the Indian Army Act, 1911 and

enactment of the Army Act, 1950 and subsequent issuance of

Army Instruction 274/50 subsuming the IMNS in the MNS. This

recommendation of the Law Commission is wrong and is under

the influence of the Army authorities who wants to re-constitute

the MNS as an auxiliary force under the guise of the repeal of

the IMNS Ordinance, 1943; thereby affecting the status of the

officers in the MNS as officers of the regular Army.

 100

78. That the force called IMNS under the Indian Military Nursing

Service Ordinance, 1943, is not in existence as on date; and the

Ordinance is not applicable to the separate legal entity forming

part of the regular Army known as the MNS. According to

Section 4(1) of the Ordinance which reads as,

Liability of service of members of (Indian Military

Nursing Service).-- (1) The members of the Indian

Military Nursing Service shall be liable for service only

with forces and persons subject to the Indian Army

Act, 1911.

79. The Section 4(1) of the Ordinance limits the service liability of

the members of the IMNS only with the personnel of the

regular Army. However after having named to MNS and brought

under the Army Act, 1950; the Government of India had set the

terms and conditions of service of the officers in the MNS

through Army Instruction 274/50 dated 12.08.1950. However

 101

according to Para (1) of the said instructions there are no such

limitations put on MNS. [Para 1, Liability for Service- Persons

granted regular commissions in the MNS will be liable for service

in any part of the world and in any branch of the Armed Forces

i.e. Army, Navy or Air Force.]

80. That the officers in the MNS had entered in to an agreement

with the Government on being granted commission in the

regular Army. As per Annexure D to Army Instruction 61/77,

that is the Form of agreement for service of a regular Nursing

Officer in the Military Nursing Service, at Para 4 the Petitioners

and other nursing officers were made to agree to serve where

ever ordered in any of the three Armed Forces i.e. Army, Navy

and Air Force. Had the MNS officers were subject to the IMNS

Ordinance, 1943 as alleged by the Law Commission of India the

Government could not have made such an Agreement violating

the provisions of the Section 4(1) of the Ordinance.

81. Section 6(1) of the IMNS Ordinance, 1943 reads as under:

 102

Eligibility for appointment.(1) (Any citizen of India) if

a woman and above the age of twenty one, shall be

eligible for appointment as an officer in the Indian

Military Nursing Services) and, if she satisfies the

prescribed conditions, may be appointed thereto in the

manner laid down in section 5.

82. According to Army Instruction 274/50, Terms and conditions of

service for grant of the regular commissions in MNS, Para 2,

reads as under:

Eligibility- the following will be eligible to apply for

regular commissions:- --------------B. Civilians: -----------

------ (i) Nationality:- -------------(c) be a Gurhka subject

of Nepal. (d) be an individual in whose favour a

declaration of eligibility has been issued by the Govt. Of

India
 103

83. The eligibility for grant of commission in the MNS is in

conformity with the Section 11 of the Army Act, 1950, reads as,

Ineligibility of aliens for enrolment. -No person who is

not a citizen of India shall, except with the consent of

the Central Government signified in writing, be enrolled

in the regular Army. Provided that nothing contained in

this section shall bar the enrolment of the subjects of

Nepal in the regular Army.

84. Presently the age limit for grant of commission in the MNS is 20

years set vide Army Instruction 3/98.

85. That the Central Government did not issue any special Gazette

Notification under Section 4(1) of the Army Act, 1950 or under

any provisions to apply the Act to the Officers of the IMNS, as

the Law Commission Report mentions. The Section 4(1) of the

Army Act, 1950; reads as:

 104

Application of Act to certain forces under central

Government.-(1) The Central Government may, by

notification, apply, with or without modifications, all or

any of the provisions of this Act to any force raised and

maintained in India under the authority of that

Government, and suspend the operation of any other

enactment for the time being applicable to the said

force.

86. That no other provision exists under the Army Act, 1950 to bring

the IMNS under the Act through such a gazette notification; as

the Officers of the IMNS were clearly not persons not otherwise

subject to military law under Section 2(1)(i) of the Act, reads as

persons not otherwise subject to the military law who,

on active service, in camp, on the march or at any

frontier post specified by the Central Government by

notification in this behalf, are employed by, or are in

 105

the service of, or are followers of, or accompany any

portion of the regular Army

87. That according to Section 9(1) of the IMNS Ordinance 1943;

which reads as under:

Application of Army Act and Indian Army Act 1911, to

members of Indian Military Nursing Service.(1) The

provisions of the Indian Army Act, 1911, shall, to such

extent and subject to such adaptations and

modifications as may be prescribed, apply to members

of the Indian Military Nursing Service as they apply to

Indian commissioned officers, unless they are clearly

inapplicable to women.

88. That the Section 9(1) of the IMNS Ordinance modified the

provisions of the Indian Army Act, 1911. According to Military

Nursing Service (India) Rules, 1944, Rule 4, which reads as:-

 106

Modification of Indian Army Act, 1911.Of the

provisions of sections 25 to 41 of the Indian Army Act,

1911, only clause (d) of section 30 and clause (i) of

section 39 shall apply to offences committed by officers

of the Nursing Services referred to in sub-section (1) of

section 9 of the Ordinance, and those provisions shall

have effect in relation to such offences as if they were

modified as follows:- Clause (d) of section 30- 'An

officer who absents herself without leave commits an

offence against this Act". Clause (i) Of section 39 "An

officer who is guilty of any act or omission prejudicial

to good order and discipline commits an offence

against this Act.

89. That the corresponding provisions of the Indian Army Act, 1911

as modified by the Military Nursing Service (India) Rules, 1944

for application to the members of the IMNS, with respect to the

Army Act, 1950 are given in Section 39, absence without leave
 107

and Section 63, Violation of good order and discipline of the

Army Act 1950. Hence the members of the IMNS could have

been subjected to only under Section 39 and 63 of the Army Act,

1950, had the Act been made applicable to them.

90. That the officers in the MNS are subject only to the Army Act,

1950 and Rules made thereunder they can be tried for any

offence under the Army Act, 1950 including insubordination

under Section 42 of the Army Act, 1950 like other officers of the

regular Army. According to Annexure D to Army Instruction

61/77, Form of agreement for service of a regular Nursing

Officers in the Military Nursing Service, Para 1 (b) (iv), executed

by all the MNS officers, the Government shall have the right to

terminate their service at any time without previous notice if,

they are found guilty of insubordination.

91. Further, the persons subject to the Army Act, 1950 under

Section 2(1)(a) of the Act can only be retired from the regular
 108

Army under Rule 16A of the Army Rules, 1954 as provided in

Section 2(2) of the Act. That the provisions of the Army Act,

1950 apply to the officers serving in the MNS is an undeniable

fact as seen from Rule 16A of the Army Rules, 1954. This leaves

no manner of doubt that the officers serving in the MNS are

officers of the regular Army. Therefore the Army Act, 1950

applies to the women officers serving in MNS as officers of the

regular Army; under Section 2(1) (a), reads as,

Persons subject to this Act. - (1) The following persons

shall be subject to this Act wherever they may be,

namely: (a) Officers, junior commissioned officers and

warrant officers of the regular Army;

92. That according to Section 5 of the Indian Military Nursing Service

Ordinance, 1943, as on 21.07.1950 the Officers of the IMNS

were of commissioned rank; reads as,

All members of the (Indian Military Nursing Service)

shall be of commissioned rank and shall be appointed

 109

as officers of the (Indian Military Nursing Service) by

the Central Government by notification in the Official

Gazette.

93. That Section 9 of the IMNS Ordinance, 1943 laid down that,

the provisions of the Indian Army Act, 1911 shall, to

such extent and subject to such adaptations and

modifications as may be prescribed, apply to members

of the Indian Military Nursing Service as they apply to

Indian commissioned officers, unless they are clearly

inapplicable to women.

94. Hence on 22nd July 1950 onwards (on the commencement of the

Army Act, 1950); without any adaptations and modifications, the

Act applies to the Officers of the MNS as Officers of the regular

Army. Further the IMNS physically cease to exist in the Army,

though the IMNS Ordinance, 1943 was not expressly repealed,

 110

as the members of the force were subsumed in a legal entity

forming part of the regular Army named the MNS.

95. That the IMNS (India) Rules, 1944 also became redundant

thereafter as the rank, status and all other aspects of the officers

in the MNS came under the exclusive purview of the Army Act,

1950.

96. That the IMNS Ordinance, 1943 was amended by the Parliament

only twice during its existence. Firstly, on 26th January 1950

through the adaptation of Laws Order, 1950; and secondly on

the 7th May 1955 through the Commander-in-Chief (Change in

Designation) Act, 1955; which substituted the words

Commander-in-Chief, Indian Army with Chief of the Army Staff

in the Sections 7 and Section 11 of the IMNS, 1943; however no

specific amendment was made to bring the members of the

IMNS or its successors under the Army Act, 1950. Further, the

name of the force constituted by the Ordinance remains even

today as the Indian Military Nursing Service (IMNS). Whereas,

 111

the Army is trying to resurrect the erstwhile IMNS which exists

only on paper by hoodwinking the Law Commission of India and

the Government, thereby violating the terms and conditions of

service of the officers in the MNS.

97. That members of the erstwhile IMNS stood absorbed as officers

of the MNS on the issuance of the Army Instruction 274/50, with

retrospective effect for their Rank, Seniority and Promotions

from 15th August 1947. The officers of MNS were brought under

the Army Act, 1950 as Nursing Officers granted commission in

the regular Army by the President of India, according to the

terms and conditions of service set by the Army Instruction

274/50. The relevant finer details regarding the creation of the

MNS as part of the regular Army are inaccessible to the

Petitioners as the same is under the custody of the Respondents.

98. That the Army is trying to rewrite the military law to down grade

the officers of the MNS from being officers of the regular Army

to mere Nurses and members of an auxiliary force . They have

 112

successfully introduced many changes over the years since the

Supreme Courts order of 2003 in Jasbir Kaurs case, to

differentiate the MNS officers. They are trying to separate the

MNS from the regular Army and reconstitute it as an auxiliary

force in the garb of repeal of the IMNS Ordinance, 1943.

99. The Army authorities have unleashed a sustained propaganda

campaign using false version of the IMNS Ordinance in training

booklets and issuance of official publications, letters and orders

stating that the officers of the MNS are not officers of the

regular Army. This institutionalised apartheid encourages ill treat

of these hapless women who choose to serve the Country

through the MNS. The petitioner is a Society formed by the

veterans of MNS who all have dedicated their lives in the service

of the Army and now retired but concerned about the rank and

status of the officers in the MNS. The petitioners are aggrieved

about the state of affairs in the Service which has given their

identity in the society. Any change in the status of the officers in

the MNS will adversely affect the lifelong achievements of the

 113

veterans who are members of this Society; who have dedicated

their long years of services to the nation. The petitioner is a

representative body of the veterans of MNS and is a registered

society under the Indian Society Registration Act, 1860.

PARAWISE REPLY

100. Para 1-4 No comments are being offered as matter of

procedures/ facts.

101. Para 5-6 No comments are being offered as matter of facts.

102. Para 7 The averments made in this Para are misconceived

and denied. It is specifically denied that the Auxiliary

Nursing Service raised on 24-9-1941 became the IMNS

through the Indian Military Nursing Service Ordinance, 1943.

Here it is submitted that the Auxiliary Nursing Service was

formed auxiliary to the then existing Indian Military Nursing

Services part of the Army. A copy of note titled Brief History

 114

of Military Nursing Service prepared by the petitioners is

annexed herewith and marked Annexure R-6 (pages 287 to

315).

Further, the respondent is vehemently opposed to the copy

of the Indian Military Nursing Service Ordinance, 1943

annexed as Annexure R-1, as the same is false. The Section

4 of the said false Ordinance annexed by the respondent

reads as under:

4. Liability of service of members of Indian Military

Nursing Service (1) The members of the Indian Military

Nursing Service shall be liable for service only with forces

and person subject to the Army Act, 1950.

In this regard it is humbly submitted that the IMNS

Ordinance, 1943 was amended by the Parliament only twice

during its existence. Firstly, on 26th January 1950 through the

adaptation of Laws Order, 1950; and secondly on 7th May

 115

1955 through the Commander-in-Chief (Change in

Designation) Act, 1955; which substituted the words

Commander-in-Chief, Indian Army with Chief of the Army

Staff in the Sections 7 and Section 11 of the IMNS

Ordinance, 1943. However, no amendment was ever made to

Section 4(1) of the Ordinance to replace the words Indian

Army Act, 1911 with Army Act, 1950. Further, the

amendment made to the Ordinance through A.L.O 1950 was

on 26 January 1950, on that date the Indian Army Act, 1911

was still in force. The Army Act, 1950 came in to force only

on 22 July 1950. Hence the amendment made to the

Ordinance on 26 January 1950 by A.L.O, 1950 could not have

substituted Indian Army Act, 1911 with Army Act, 1950,

as the same was yet to be enacted by the Parliament. A true

copy of the Indian Military Nursing Service Ordinance, 1943

showing the details of the amendments is annexed herewith

and marked Annexure R-7 (pages 316 to 324).

 116

That the Indian Army is guilty of deliberate distortions of law

regarding the MNS. Evidence of this is a book published by

the Army titled Military Law Officer Training School AMC

Centre & School Lucknow PSR May 2003. This publication

makes out as if the Ordinance 1943 is still in place and

effective. Wilful distortions are made in the 1943 ordinance

to give the impression that it is this ordinance that binds

officers of the MNS even today. It is humbly submitted that

the details of the said fraud are elaborated in Para 60 62,

above (brief facts).

103. Para 8-11 No comments are being offered as matter of facts.

104. Para 12-13 The averments made in this Paras are false and

misconceived. The petitioner is specifically denies that the Military

Nursing Service (MNS) was raised under the Indian Military Nursing

Service Ordinance, 1943 and maintained as an auxiliary to the regular

Army; and the Ordinance governs the terms and conditions of service

of the officers in the MNS. Further, is humbly submitted that the

 117

persons subject to the Army Act, 1950 under Section 2(1)(a) of the Act

can only be retired from the regular Army under Rule 16A of the

Army Rules, 1954 as provided in Section 2(2) of the Act. That the

provisions of the Army Act, 1950 apply to the officers serving in the

MNS is an undeniable fact as the MNS has been included in the arms

and services/departments of the regular Army given in Rule 16A of the

Army Rules, 1954. This leaves no manner of doubt that the officers

serving in the MNS are officers of the regular Army. Therefore the

Army Act, 1950 applies to the women officers serving in MNS as

officers of the regular Army; under Section 2(1) (a) of the Act. It is

submitted that elaborate details of the same are given in Para 5 17,

above.

105. Para 14 The averments made in this sub Para are false and

misconceived and the same are vehemently denied. The

Indian Military Nursing Service (IMNS) exists only in paper;

the members of the IMNS were subsumed in the MNS

through Army Instruction 274/50. Hence, the powers of the

Chief of the Army Staff and existence of MNS (I) Rule 1944
 118

as cited in the Para is irrelevant. Further, the IMNS (India)

Rules, 1944 also became redundant thereafter as the rank,

status and all other aspects of the officers in the MNS came

under the exclusive purview of the Army Act, 1950. It is

humbly submitted here that the elaborate details of the same

are given in Para 5 17, above.

106. Para 15 The averments made in this Paras are false and

misconceived. The petitioner specifically denies that the

women of Indian Nationality were only being appointed as

commissioned officers of the MNS by the Central Government

by notification in the official gazette and MNS is raised as an

auxiliary force. It is humbly submitted that according to Army

Instruction 274/50, Terms and conditions of service for

grant of the regular commissions in MNS, Para 2, the

Gurkha subjects of Nepal and individuals (other than Indian

Nationals) in whose favour a declaration of eligibility has

been issued by the Government of India are also eligible for

commission in MNS. The eligibility for grant of commission in

 119

the MNS is in conformity with the Section 11 of the Army Act,

1950, which reads under:

Ineligibility of aliens for enrolment. -No person who is

not a citizen of India shall, except with the consent of

the Central Government signified in writing, be enrolled

in the regular Army. Provided that nothing contained in

this section shall bar the enrolment of the subjects of

Nepal in the regular Army.

The Army Instruction 274/50, Para 2(i) reads as under:

(i) Nationality

(a) be a national of India by birth or by domicile.

NOTE:- Non-Muslims of Pakistan who migrated to India on or

before the 30th Sep. 1948 with the intention of permanently

settling down in India will be deemed to have acquired Indian

domicile.

'or'
 120

(b) be a subject of Indian state which has acceded to

India, 'or'

(c) be a Gurkha subject of Nepal.

'or

(d) be an individual in whose favour a declaration of

eligibility has been issued by the Govt. of India.

107. Para 16 The averments made in this Paras are false and

misconceived and the same are denied to the extent that the

officers in the MNS is recruited under the Indian Military

Nursing Service Ordinance, 1943 and MNS (I) Rules, 1944. It

is humbly submitted here that the elaborate details of the

same are given in Para 5 17, above.

108. Para 17 The averments made in this Paras are false and

misconceived and the same are denied. It is humbly

submitted here that the detailed justification of the same are

given in Para 32 40, above.

 121

109. Para 18 The averments made in this Paras are false and

misconceived and the same are denied. It is being projected

that the officers of the Army excluding the MNS are a

homogeneous cadre. The officers serving in the Services of

the Army do not constitute a single cadre with officers

serving in Arms and Arms Support, no matter they may all be

drawing the same salary, holding the same rank, wearing the

same uniform and serving the same employer with similar

service benefits. The officers in the Arms and Services of the

Army do not form a homogeneous cadre, but consists of

different cadres. The Honble Supreme Court of India in Civil

Appeal No. 3208 of 2015 held that:

32. Applying the above test to the case at hand we

have no hesitation in holding that officers serving in the

Service stream of the Army do not constitute a single

cadre with officers serving in Arms and Arms Support,

no matter they may all be drawing the same salary,

holding the same rank, wearing the same uniform and

 122

serving the same employer with similar service

benefits...

110. Para 19 The averments made in this sub Para are false and

misconceived and the same are vehemently denied. It is humbly

submitted that, the detailed justification as to how the officers serving

in the MNS are officers of the regular Army. Further, the persons

subject to the Army Act, 1950 under Section 2(1)(a) of the Act can

only be retired from the regular Army under Rule 16A of the Army

Rules, 1954 as provided in Section 2(2) of the Act. That the provisions

of the Army Act, 1950 apply to the officers serving in the MNS is an

undeniable fact as the MNS has been included in the arms and

services/departments of the regular Army given in Rule 16A of the

Army Rules, 1954. This leaves no manner of doubt that the officers

serving in the MNS are officers of the regular Army. Therefore the

Army Act, 1950 applies to the women officers serving in MNS as

officers of the regular Army; under Section 2(1) (a) of the Act. Why

the officers in the MNS cannot be governed by the IMNS Ordinance,

1943 are given in Para 5 40 above.

 123

It is submitted that, the Agreement for Service entered into

between the President of India and the officers of the MNS at

the time of grant of Commission in the regular Army, it is

specifically stated about their liability to proceed on field

service; the relevant Para is reproduced as under:

If appointed to service I agree. to proceed on field

service and to any station in or out of India to which I may

be ordered

The elaborate details as to why the women officers in the

MNS are the most combat exposed women in the regular

Army; and why the statements made by the Respondent

denying the same are completely false are given in Para 46

53, above.

It is humbly submitted that, Indias first gold medal in a

womens event at the Common Wealth Games 2006 was won

 124

by then Major Saroja Kumari Jhuthu an officer in the MNS.

Her illustrious career started with her being adjudged the

Best Shot during the Initial Nursing Officers Course in 1991

after her commissioning in the regular Army. The detailed

justification as to how the women officers serving in the

MNS, have even represented India and in International

shooting events and brought laurels to the Country; and how

now they are being denied the arms training are elaborated

in Para 55 57, above.

111. Para 20 No comments are being offered as matter of facts.

112. Para 21-22 The averments made in this Para are false and

misconceived and the same are vehemently denied. The

officers in the MNS are officers of the Army are set out in

Para 5 40 above.

113. Para 23 (i) (iv) The averments made in this sub Paras are false

and misconceived and the same are vehemently denied. The

 125

officers in the MNS are officers of the Army are set out in

Para 5 40 above.

114. Para 23 (v) The averments made in this sub Para are false and

misconceived and the same are vehemently denied. The

officers in the MNS, AMC and ADC (AFMS officers) are

officers of the regular Army under the military law, though

the method of selection, training, terms and conditions of

service, employability, promotion boards, age of retirement

etc. are different from that of the officers of the fighting

Arms. The terms and conditions of service AFMS officers are

comparable to that of the support services like Remounts and

Veterinary Corps (RVC), Military Farms (MF), Judge

Advocates Generals Branch (JAG) etc; however are very

much different from that of the fighting arms like Infantry,

Artillery and Signals etc. The officers of AFMS are officers of

the regular Army who are primarily selected for their

professional capabilities. It is a fact that the doctors, dentists

and nurses in the Indian Army are selected based on

 126

departmentally conducted test and interview. Their selection

is not based on UPSC examination followed by Services

Selection Board Tests/ Interview. If this fact does not

compromise the position and status of the doctors and

dentists, then the same can not affect the nurses. The

Respondent is projecting the back ward notion to the world

that in India the nursing is an inferior profession. The

elaborate details of the differences between AFMS officers

(MNS, AMC and ADC) and other officers are given in Para 34

37, above.

115. Para 23 (vi) The averments made in this sub Para are false and

misconceived and the same are vehemently denied. The MNS

is one of the three constituents of the AFMS, the other two

are AMC and ADC. The method of selection, training, terms

and conditions of service and employability of officers in the

MNS, AMC and ADC are similar. However the AFMS officers

are not employed in any other duty other than healthcare

and related administrative jobs. The AFMS officers are not

 127

primarily meant for combat duties and are employed only on

jobs which are non-combatant in nature. The qualified

doctors, dentists and nurses from the Civil are selected based

on departmentally conducted test and interview and granted

commission in the regular Army. The doctors, dentists and

nurses from the Civil are not selected based on UPSC

examination followed by Services Selection Board Tests/

Interview. The medical and nursing cadets in the Armed

Forces Medical College Pune under goes 4 years and 4

years professional training to qualify in the MBBS and the BSc

Nursing course respectively. The basic educational

qualification required at entry level for both these courses are

the same (10+2 with PCB). After the successful completion

of the training based on the pre-commissioning training bond

(the details are mentioned in Para 26 above) they are

granted commission in the regular Army. Subsequently they

under goes a maximum of 8 weeks of basic military training,

but even the women officers serving in the noncombatant

branches of the Army undergoes a full 11 months of military

 128

training. The Respondent is again projecting and supporting

the back ward notion to the world that in India the nursing is

considered as an inferior profession. The MNS officers field

service liability is elaborated in Para 48 - 53, above.

116. Para 23 (vii) The averments made in this sub Para are false and

misconceived and the same are vehemently denied. The provisions of

the Army Act, 1950 applies to them in full, being the officers of the

regular Army. Further, the persons subject to the Army Act, 1950

under Section 2(1)(a) of the Act can only be retired from the regular

Army under Rule 16A of the Army Rules, 1954 as provided in Section

2(2) of the Act. That the provisions of the Army Act, 1950 apply to the

officers serving in the MNS is an undeniable fact as the MNS has been

included in the arms and services/departments of the regular Army

given in Rule 16A of the Army Rules, 1954. This leaves no manner of

doubt that the officers serving in the MNS are officers of the regular

Army. Therefore the Army Act, 1950 applies to the women officers

serving in MNS as officers of the regular Army; under Section 2(1) (a)
 129

of the Act. The elaborate details of the same is mentioned in Para 5 to

31, above.

117. Para 23 (viii) The averments made in this sub Para are false

and misconceived and the same are vehemently denied to

the extent that the 6th Central Pay Commission had in fact

recommended equitable pay scales to the MNS officers and

other cadre officers. However, the Pay in Band and Grade

Pay of MNS officers were kept lower comparing to other

officers of same titular rank, because of the action of the

Respondent at the time of implementation of the 6th Pay

Commission Recommendation. The 6th Central Pay

Commission in its report had made a recommendation

regarding the MNS cadre officers as under:

The Commission, however, is of the view that no

differential in salary of officers belonging to the

services or MNS is justified and that the pay band

and grade pay of similarly designated posts in service

 130

officers cadre and MNS cadre should be the

same.(2.3.20 of the 6th Pay Commission Report).

Despite this, the MNS officers are kept on a lower basic and

grade pay than other officers of equal rank in the army. This

discrimination was done due to a letter dated 20.6.08 by the

then Chief of Army Staff opposing the recommendation made

by the 6th Pay Commission in the following terms:

1. Please refer to Chiefs of Staff Committee letter

No. COSC/1940 dated 15 Apr 08 addressed to

Honble Raksha Mantri, expressing Armed Forces

concerns over the VI CPC Report and the anomalies

therein.

2. While forwarding the above, an important issue

which inadvertently missed out is being brought to

your notice. This is pertaining to the Pay and Grade

Pay of MNS vis-a-vis AMC officers which had not

been highlighted earlier. The issue pertains to grant

 131

of pay scale and grade pay at par with AMC Officers

to MNS Officers who hitherto had lower pay scales

and no rank pay. Efforts of the VI CPC to meet the

just aspirations of Nurses with regard to Pay, Grade

Pay and status be it in civil or in the Armed Forces

Medical Services is well appreciated. However

selective upgradation of Basic Pay, Grade Pay and the

hence the status of Nurses only in the Armed Forces

to equate them with Doctors will seriously impact the

command and control in the Military Hospitals, which

would adversely affect patient care in the long run.

3. Hence, there is a need for reconsidering these

aspects and keeping the Pay and Grade Pay of MNS

Officers distinct from Service Officers. The detailed

case is attached.
 132

118. Para 23 (ix) The averments made in this sub Para are false and

misconceived and the same are vehemently denied. The

petitioner accepts the fact that the 6th Central Pay

Commission had in fact recommended equitable pay scales to

the Civilian category employees with the minimum prescribed

qualification of degree in engineering, degree in law and

diploma in nursing (on Pay Band 2 with Grade Pay Rs 4600).

However all these category of employees with the said

minimum prescribed qualification of degree in engineering

(Engineers) and degree in law (JAG) are placed in Pay Band

3 with a Grade Pay of Rs 5400. However for the selection in

to MNS the minimum prescribed qualification is a degree in

nursing with a valid registration with a state nursing council

(4 years degree course with 1 year internship). All the three

categories of officers are appointed in the rank of Lt. in the

Army. Therefore, discriminating only the MNS officers is

nothing but the back ward notion of the Respondent that

nursing profession is inferior.

 133

119. Para 23 (x) The averments made in this sub Para are false and

misconceived and the same are vehemently denied. It is

being made out that officers from the other arms and

services of the regular Army is a homogeneous cadre. This is

totally incorrect, the detailed justification is given in Para 34

39, above.

120. Para 23 (xi) The averments made in this sub Para are false and

misconceived and the same are vehemently denied. The

Army Instruction 3/59 dealt only with MNS (Temporary) or

Temporary Commissions which is akin to Short Service

Commission today. The said mention about no change to the

terms and conditions of service subsequent to the re-

designation of rank is in reference to the terms and

conditions of temporary commission. Such temporary

commission or MNS (T) no longer exists and the same has

been discontinued. The Army Instruction issued for amending

the Army Instruction 274/50 [regarding terms and conditions

of service for the grant of Regular Commissions in the

 134

Military Nursing Service] is Army Instruction 4/59; which has

no such reference. The Para 3 of the said instructions read as

under:

3. Substitute Major for the word Matron in Para 4 of

Annexure A and add the following as the last sentence of

that para.

The ranks of Nursing Officers mentioned in

A.I.36/S/48 will be deemed to have been

redesignated in conformity with the ranks shown in

Clause (A)(ii) Para 2 above.

Further, nowhere in the Army Instructions 3/59 or 4/59 it is

mentioned that the terms and conditions of MNS service is

under IMNS Ordinance, 1943. The Honble Court may ask

the Respondent to produce the same before it.

121. Para 23 (xii) The averments made in this sub Para are false and

misconceived and the same are vehemently denied. It is

 135

submitted that, the persons subject to the Army Act, 1950

under Section 2(1)(a) of the Act can only be retired from the

regular Army under Rule 16A of the Army Rules, 1954 as

provided in Section 2(2) of the Act. That the provisions of the

Army Act, 1950 apply to the officers serving in the MNS is an

undeniable fact as the MNS has been included in the arms

and services/departments of the regular Army given in Rule

16A of the Army Rules, 1954. This leaves no manner of

doubt that the officers serving in the MNS are officers of the

regular Army. Therefore the Army Act, 1950 applies to the

women officers serving in MNS as officers of the regular

Army; under Section 2(1) (a) of the Act. Hence, the

provisions of the Para 754 and 755 applies to the MNS

officers as it applies to the officers of the regular Army

belong to the Services cadres of the Army. The exclusive

form G meant for the MNS officers was discontinued by the

Respondent in collusion with the Army authorities.

 136

The Respondent and the Army is trying to bring in

differences between officers of the MNS and other AFMS

officers/ officers from other Services cadres of the regular

Army. They have suspended the issue of the certificate of

commission from the President of India, changed the uniform

of the officers in the MNS to a different colour and style from

the other officers, stopped giving them firearms training,

reduced their pay scales and grade pay, changed their travel

entitlements including discontinuing the Form G for

concessional travels in trains and clubbed it with Concession

Voucher meant for personnel below officer ranks. They are

trying to change the surety bond for training, segregate their

family accommodations from other officers, change their rank

insignias and rank designations. The Respondent in collusion

with the Army is trying to make the MNS an auxiliary force

because of the back ward notion that the nursing is an

inferior, menial and despicable profession.

 137

122. Para 24 The Petitioner submits to the Honble Court that, this

decision of the Court in Transfer Case (c) 38 of 2002 ought

not to be treated as binding and the issues of law and the

determinations on facts ought to be reconsidered. As the

persons subject to the Army Act, 1950 under Section 2(1)(a)

of the Act can only be retired from the regular Army under

Rule 16A of the Army Rules, 1954 as provided in Section 2(2)

of the Act. That the provisions of the Army Act, 1950 apply to

the officers serving in the MNS is an undeniable fact as the

MNS has been included in the arms and

services/departments of the regular Army given in Rule 16A

of the Army Rules, 1954. This leaves no manner of doubt

that the officers serving in the MNS are officers of the regular

Army. Therefore the Army Act, 1950 applies to the women

officers serving in MNS as officers of the regular Army; under

Section 2(1) (a) of the Act. Hence, at the very minimum the

observation in the decision that The Indian Military Nursing

Services is a separate class sui generis, even though an

auxiliary force of the Indian Military, is an undeniable fact

 138

should not be taken to be correct and binding on the Military

Nursing Service and ought to be held to be an observation

made per incurium and on the basis of wrong factual

submissions made to the Court by the parties. The detailed

justifications are as given in Para 63 67, above.

123. Para 25 Andhra Pradesh High Court Lt. R.S. Rebecamma, EX MNS

vs Zilla Sainik Welfare Officer And ... on 20 September 2004.

At Para 8 of the Order it is stated as under:

7. From the pleadings and rival submissions, two

questions would fall for consideration.

(i) Whether Lieutenant (Mrs.) R. S. Rebecamma,

of MNS is not to be treated as ex-Serviceman?

(ii) Whether a person in Army of the rank of

Lieutenant serving in Nursing Services is entitled for

all the benefits conferred by Central Government

and State Governments including assignment of

agricultural land?
 139

From the Para 8 of the impugned order it becomes clear that

the matter in question were considered on the basis of wrong

submissions relating to the statutes in question, certain

errors were committed by this Honble High Court in that

decision, as the changes in the statutes were not brought to

the notice of the Court. This case was also wrongly pleaded

and defended before the Court. That part of Para 8 of the

said order reads as under:

8. It would be convenient to consider both points

together as some aspects are common. Military Nursing

Services were raised pursuant to Military Nursing

Services (India) Ordinance, 1943. In exercise of powers

under Section 10 of the said Ordinance, the Central

Government made Military Nursing Services (India)

Rules, 1944 (MNS Rules).

 140

Secondly, what has been stated in the judgment at Para 16

is, this Court holds that the petitioner who worked as Non-

Commissioned Officer, i.e., Lieutenant in MNS.... However,

according to the Section 3 (xv) of the Army Act, 1950 the

Non-commissioned Officer is defined as under:

(xv) Non-commissioned officer means a person

holding a non commissioned rank or an acting non-

commissioned rank in the regular Army or the Indian

Reserve Forces, and includes a non-commissioned

officer or acting non-commissioned officer of the Indian

Supplementary Reserve Forces or the Territorial Army,

4
[* * *] who is for the time being subject to this Act;

The Court considered the petitioner as commissioned in the

MNS under the Indian Military Nursing Service Ordinance,

1943; therefore she is clearly not a member of the Indian

Reserve Forces or of the Indian Supplementary Reserve

Forces or the Territorial Army, who is for the time being

 141

subject to the Army Act, 1950. Hence according to afore

stated definition, for being declared a Non-Commissioned

Officer by the Court, she had to be a person holding a non

commissioned rank or an acting non-commissioned rank in

the regular Army. The relative ranks of Junior Commissioned

Officers, Warrant Officers, Non-Commissioned Officers and

men are given in Para 131 of the regulation for the Army,

1987; and the rank of Lieutenant does not figure among

them. However, the Lieutenant finds mention at Para

733(a) among commissioned officers of the Army.

The extensive statutory and ground level changes as stated

in the earlier paragraphs integrating the officers in the MNS

as officers of the regular Army in every respects, was not

brought to notice of the Andhra Pradesh High Court by the

parties. That, assigning the status of a non-commissioned

officer to a commissioned officer of the regular Army is

completely contrary to all the statutory and ground level and

statutory changes that have taken place and have been set
 142

out in detail in the Para 5 40 above. The presentation of

the statutory scenario and facts presented to the High Court

was misleading, and that the High Court was not informed:

(i) That the Ordinance of 1943 on which the

entire judgment rests was impliedly repealed

by the enactment of the Army Act, 1950 and

various statutory instruments made thereafter.

(ii) That the IMNS, which was constituted by

the Ordinance ceased to exist in 1950 and was

replaced by the Military Nursing Service which

was a substantially different force even though

the nomenclature may sound similar, because

the MNS was integrated into the regular Army

in every respect through a series of statutory

instruments;

(iii) The numerous statutory instruments in

the form of Army Rules, Army Instructions and

 143

Army Orders integrating the Military Nursing

Services completely into the regular Army were

not brought to the notice of the High Court.

Therefore, in the petitioners submission, no reliance is to be

made on this decision and the issues of law and the

determinations on facts ought to be reconsidered by the

Andhra Pradesh High Court, as the impugned order made a

MNS Lieutenant a Non-Commissioned Officer of the regular

Army and benefits reserved for the landless ex-service man

of personnel below officer rank has been usurped based on

this Order.

In this regard Honble Punjab & Haryana High Court decision

in CWP No. 13213 of 1994, Navjeet Kaur, Ex Capt (Mrs) vs.

Punjab Public Service Commission; Punjab Recruitment of Ex-

Servicemen Rules, 1982 is of relevance. In this, the petitioner

had served as a permanent Commissioned Officer in the

Military Nursing Service. She earned promotion to the Rank

 144

of Capt. After seven years of service; she was released and

given the benefit of gratuity and death-cum-retirement

gratuity. She then applied for the post of District Sainik

Welfare Officer by direct recruitment. Her application was not

accepted on the ground that she could not be termed as "an

ex-Indian Commissioned Officer or Ex-Emergency

Commissioned Officer" as she had been released from the

Army on her own request. Her case did not meet the

eligibility criteria, Sub-clause (iv) as appearing in the Form.

Held, Clause (iv) of the definition of ex-servicemen as

provided in Punjab Recruitment of Ex-Servicemen Rules,

1982 specifically stated that an Army Officer is deemed

to be an ex-serviceman even if he is released at his own

request after completing five years of service in the

Armed Forces of the Union of India. Admitted she had

served in the Indian Army for more than six years. As

such, she would fall within the definition of ex-

servicemen (an ex-Indian Commissioned Officer or Ex-

 145

Emergency Commissioned Officer) even if it is assumed

that she had been released at her own request The fact

that she had been released at her own request would

not debar her from being considered as an ex-

servicemen. (Petition allowed, order dated 4 Jan 1995).

124. Para 26 The averments made in this sub Para are false and

misconceived and the same are vehemently denied to the

extent that the said Indian Military Nursing Service

Ordinance, 1943 was never made applicable to the MNS and

the officers in the MNS are subject only to the Army Act,

1950 and Rules made there under as stated earlier in Para 5

40, above.

REPLY TO PRELIMINARY OBJECTIONS

125. Para 27(i) The averments made in this sub Para are false and

misconceived and the same are vehemently denied. The

Army authorities have unleashed a sustained propaganda

 146

campaign using false version of the IMNS Ordinance in

training booklets and issuance of official publications, letters

and orders stating that the officers of the MNS are not

officers of the regular Army. This institutionalized apartheid

encourages ill treatment of these hapless ordinary Indian

women who choose to serve the Nation through the Military

Nursing Service. The petitioner is a Society named MNS

Corps Association formed by the retired Officers from the

MNS who all have dedicated their lives in the service of the

Army and now retired but concerned about the rank and

status of the officers in the MNS. The petitioners are

aggrieved about the degrading state of affairs in the Military

Nursing Service, which has given them their identity and

position in the society. Any change in the status of the

serving officers in the MNS will adversely affect the lifelong

achievements of these Veterans Officers who are members of

this Society; who have dedicated their long years of services

to the Country. The petitioner is a representative body of the

retired officers of MNS and is a registered Society under the

 147

Indian Society Registration Act, 1860, and no serving officer

of the MNS is a member of this Society. The President of the

Society was duly authorized to file the present petition on

behalf of the Society through a resolution of the Executive

Committee of the Society. The petitioner is concerned about

the respondents attempts to change the status, terms and

conditions of the officers serving in the MNS who are officers

of the regular Army and wants the respondent to recognise

the MNS officers equal status at par with the officers of the

same rank designations in the other Arms and Services of the

regular Army. Any down gradation in the status of the

officers of the regular Army serving in the MNS will adversely

affect the lifelong achievements of these Veterans Officers

who are members of this Society, at the twilight years of

their life.

126. Para 27(ii, iii & iv) The averments made in this sub Para are false

and misconceived and the same are vehemently denied. In

reply it is humbly submitted that the petitioner is a

 148

representative body of the retired officers of MNS and is a

registered Society under the Indian Society Registration Act,

1860, and no serving officer of the MNS is a member of this

Society. The stated restrictions affect only the serving

personnel of the regular Army. The petitioner being retired

person are not bound by the same. We now have a retired

Chief of the Army Staff serving as a Minister of State in the

present Union Government. Like him there several other

retired personnel of the regular Army who are members of

the political parties. There are also several associations made

by the retired service members, the Air Force Association is

such an association formed by the veteran members of the

Air Force. The Constitution puts no such bar on the rights of

the retired service personnel. The Petitioners are asking for

the recognition of the MNS officers equal status at par with

the officers of the same rank designations in the other Arms

and Services of the regular Army. Any down gradation in the

status of the officers of the regular Army serving in the MNS

will adversely affect the lifelong achievements of these

 149

Veterans who are members of this Society. When ones

Fundamental Right is about to be infracted, a Citizen has the

right to approach this Honble Court to prevent that infraction

which grossly prejudice his or her rights.

127. Para 27(v) The averments made in this sub Para are false and

misconceived and the same are denied. The Supreme Court

of India has every power over the executive to decide on the

status, pay and allowances matters of the armed forces

personnel. No curbs can be put by executive on the powers

of this Court. The Supreme Court of India in an Order dated

04.09.2012 disposed of a bunch writ petitions namely, W.P.

(C) Nos. 268/2010, 192/2012, and I.A. No. 1 of 2011 in W.P.

(C) 34/2009 and T.C. (C) Nos. 11/2010, 14-19/2010,

31/2010, 32/2010, 33/2010 and 35/2010 in the matter of

the rank pay and hence the related status of the serving and

retired armed forces personnel.

 150

128. Para 27(vi) The averments made in this sub Para are false and

misconceived and the same are vehemently denied. The

Petitioners are asking for giving due recognition to the status

of MNS officers as commissioned officers of the regular Army.

Because any down gradation in the status of the officers of

the regular Army serving in the MNS will adversely affect the

lifelong achievements of these Veterans who are members of

the Society. When ones Fundamental Right is about to be

infracted, a Citizen has the right to approach this Honble

Court to prevent that infraction which grossly prejudice his or

her rights. The Article 33 of the Constitution of India puts no

such bar on the rights of the retired armed forces personnel.

129. Para 27(vii) The averments made in this sub Para are false and

misconceived and the same are vehemently denied. In reply

it is humbly submitted that the petitioner is a representative

body of the retired officers of MNS and is a registered Society

under the Indian Society Registration Act, 1860, and no

serving officer of the MNS is a member of this Society. The

 151

stated restrictions affect only the serving armed forces

personnel. The petitioner being retired person are not bound

by the same. The officers of the regular Army serving in the

MNS havent formed any association and are not being

represented by any association. The Petitioners are asking

for giving due recognition to the status of the serving officers

in the MNS as commissioned officers of the regular Army;

only because any down gradation in the status of the officers

of the regular Army serving in the MNS will adversely affect

the lifelong achievements of these Veterans who are

members of the Society. When ones Fundamental Right is

about to be infracted, a Citizen has the right to approach the

Supreme Court of India to prevent that infraction which

grossly prejudice his or her rights.

130. Para 27(viii) The averments made in this sub Para are false

and misconceived and the same are vehemently denied. The

Petitioner in this case is not an individual but a duly

registered Society; the President of the Society was duly

 152

authorized to file the present petition on behalf of the Society

through a resolution of the Executive Committee of the

Society. The stated pending petition was originally filed by

then serving Major General Usha Sikdar, Additional Director

General MNS by way of W.P. (C) No.4485 of 2005 at Delhi

High Court. Which was transferred to the Armed Forces

Tribunal and decided by the Principal Bench vide orders

dated 30.3.2010. The respondent appealed in the Supreme

Court of India and the same is now pending as C.A. No.

7417/2010. Further, Major General (Retd.) Usha Sikdar

former ADGMNS had represented in these matters in her

individual capacity. The matter of the stated pending petition

was disclosed in the present petition filed by the MNS Corps

Association at Para 3.32 of the petition, which reads as

under:

3.32. The said letter was again challenged by

one of the officer in the MNS, Major General Usha

Sikdar then ADGMNS by way of W.P. (C) No.4485 of

 153

2005 which was finally decided by the Armed Forces

Tribunal vide orders dated 30.3.2010 holding the action

of the respondents as illegal. The respondents have in

the meanwhile preferred an appeal against the said

order of the AFT before the Supreme Court of India; the

same is now pending .

REPLY TO PARAWISE REPLY

131. Para-1 The averments made in this Para are denied. The

Indian Military Nursing Service Ordinance, 1943 flows from

the Indian Army Act, 1911, which was repealed on the

enactment of the Army Act, 1950; and by this repeal the

Indian Military Nursing Service Ordinance, 1943 was also

impliedly repealed. The force called IMNS constituted by the

Indian Military Nursing Service Ordinance, 1943 is not in

existence. It is reiterated that the MNS is not an auxiliary

force subject to the Indian Military Nursing Service

Ordinance, 1943, but it forms part of the regular Army,

 154

subject to Army Act 1950. Further, the persons subject to the

Army Act, 1950 under Section 2(1)(a) of the Act can only be

retired from the regular Army under Rule 16A of the Army

Rules, 1954 as provided in Section 2(2) of the Act. That the

provisions of the Army Act, 1950 apply to the officers serving

in the MNS is an undeniable fact as the MNS has been

included in the arms and services/departments of the regular

Army given in Rule 16A of the Army Rules, 1954. This leaves

no manner of doubt that the officers serving in the MNS are

officers of the regular Army. Therefore the Army Act, 1950

applies to the women officers serving in MNS as officers of

the regular Army; under Section 2(1) (a) of the Act. It is

reiterated that the officers in the MNS are officers of the

regular Army and the MNS is a Corps of the regular Army.

The elaborate justifications of the same are given in Para 5

31, above.
 155

132. Para-1A The averments made in this Para are denied. The

reasons are elaborated in the reply to the preliminary

objections.

133. Para-2A The averments made in this Para are denied. It is

reiterated that the MNS is subject to the Army Act, 1950 and

forms part of the regular Army. The officers in the MNS are

officers of the regular Army and the MNS is a Corps of the

regular Army. The elaborate justifications of the same are

given in Para 5 40, above.

134. Para-2B The averments made in this Para are false and

vehemently denied. The Respondent is trying to change the

law regarding the MNS directly by changing the existing

provisions of the military law and indirectly by

misrepresentation of facts and fraud. The elaborate details of

the same are elaborated in Para 32 40 and 58 94, above.

 156

135. Para-2C The averments made in this Para are false and

vehemently denied. It is reiterated that the Indian Military

Nursing Service Ordinance, 1943, is not applicable to the

MNS. The reasons for the same are elaborated in Para 78

94, above. It is humbly submitted that MNS forms part of

the regular Army and officers in the MNS are officers of the

regular Army. The elaborate reasoning of the same are given

in Para 5 40, above.

136. Para-2D The averments made in this Para are false and

vehemently denied. It is humbly submitted that the MNS is

subject only to the Army Act, 1950 and the Rules made

thereunder. The MNS forms part of the regular Army and

officers in the MNS are officers of the regular Army. The

reply given in the preceding Paras are reiterated.

137. Para-2E The averments made in this Para are false and

vehemently denied. According to the title, preamble and

elsewhere in the Indian Military Nursing Service Ordinance,

 157

1943, the name of the organization constituted by the

Ordinance remains Indian Military Nursing Service (IMNS).

Neither the Army Act, 1950 nor the Army Rules, 1954

mention the name of IMNS anywhere in it (as it became

redundant after the creation of the MNS). Further, to change

the name of the Indian Administrative Service and or the

Indian Police Service, the Parliament has to make

amendments to the Article 312 (2) of the Constitution of

India through an amendment Act. So is the case with any

organization constituted by an Act of the Parliament. On the

risk of repetition it is stated again that name of the

organisation constituted by the IMNS Ordinance, 1943

remains even today as IMNS. Additionally, MNS finds mention

in the Army Rules, 1954 alongside the Arms and Services of

the Regular Army. It is humbly submitted that the MNS is

subject only to the Army Act, 1950 and the Rules made

thereunder. The MNS forms part of the regular Army and

officers in the MNS are officers of the regular Army. The

 158

details of the misuse of the autonomy given to the Army are

given in Para 59 62, above.

138. 2 F to J The averments made in this Para are false and

vehemently denied. It is humbly submitted that the MNS is

subject only to the Army Act, 1950 and the Rules made

thereunder. The MNS forms part of the regular Army and

officers in the MNS are officers of the regular Army. The

reply given at Para 5 40 (brief facts) are reiterated.

139. 2 K The contentions made by the respondent are denied

except those which are matter of record. It is humbly

submitted here that the petitioner of this case is not an

individual, but a Society named MNS Corps Association. This

is a representative body of the retired officers of the MNS

and is a registered Society under the Indian Society

Registration Act, 1860. The President of the Society was duly

authorized to file the present petition on behalf of the Society

through a resolution of the Executive Committee of the

 159

Society. The case of Maj Gen (Retd) Usha Sikdar former

ADGMNS is currently pending in this Court as CA 7417/2010.

The petitioners position in this case is elaborated in Para 68

74, above.

The Supreme Court in Transfer Case (c) 38 of 2002 delivered

the judgment on 13.11.2003. In that that order the Court

observed that Indian Military Nursing Service is a separate

class, sui generis even though an auxiliary force of the Indian

Military is an undeniable fact. The said order of the Supreme

Court was on the basis of wrong submissions relating to the

statutes in question. The extensive statutory and ground

level changes as brought out in the paragraphs 5 40 above,

integrating the officers in the MNS as officers of the regular

Army in every respect was never brought to the attention of

the Court. Instead the Indian Military Nursing Service

Ordinance, 1943 was relied upon to decide the case. The

petitioners stand in this case elaborated in Para 63 67,

above.
 160

The mentioned committees, namely, Lt Gen Girish, Brig JS

Yadav, Maj Gen MKV Panicker Committees were set up after

the Supreme Court judgment in the said Transfer Case.

These committees were set up to rewrite the military law,

rank insignias, designation rank, organizational structure,

terms and conditions of service etc. concerning the MNS to

make it an auxiliary force akin to the erstwhile IMNS which

existed prior to the enactment of the Army Act, 1950. This

Court may take no reliance on the same. The wrong

submissions made by UoI to the Supreme Court in Transfer

Case ( C ) 38 of 2002 mentioned earlier as well as the

decision of the Tribunal dated 30.03.10 mentioned above was

probably not accidental but intentional. Evidence of this is a

training booklet published by the Army. This publication

makes out as if the IMNS Ordinance, 1943 is still in place,

and effective and wilful distortions are made in the 1943

ordinance to give the impression that it is this ordinance

which binds officers of the MNS even today. This book is

 161

used as a training manual and is repeatedly used to point out

to the MNS officers and others that they do not have the

rank and status of officers of the regular Army. In line with

this many official publications in the armed forces including

Indian Air Publication dealing with medical services issued by

the Chief of the Air Staff have been amended to downgrade

the MNS to an auxiliary force. Even the copy Indian Military

Nursing Service Ordinance, 1943 annexed as Annexure R-1 to

this Counter Affidavit is false. The details of which are

mentioned in Para 102, above.

A reading of the mentioned order of the Honble AFT (PB)

New Delhi dated 22.2.2011 in OA No. 576 of 2010 brings out

that the case was decided on the basis of the Indian Military

Nursing Service Ordinance, 1943. The relevant portion reads

as under:

simply because they are being given designation and

other perks which are admissible to the combatant

 162

soldier and officers recruited in the Indian Army, we

cannot elevate their position as a regular army, Sections

3 of the Ordinance, 1943 itself says that it is an auxiliary

force.

From the above paragraph it becomes clear that the matter

in question were considered on the basis of wrong

submissions relating to the statutes in question, as the

changes in the statutes were not brought to the notice of the

Tribunal. This case was also wrongly pleaded and defended

before the Tribunal. The fact that officers in the MNS are

officers of the regular Army was not brought in the notice of

the Tribunal. Therefore, in the petitioners submission, no

reliance is to be made on this decision and the issues of law

and the determinations on facts ought to be reconsidered.

140. Para L The averments made by the respondent is false and

denied. The women officers serving in the MNS are officers

of the regular Army. They are being discriminated due the

 163

back ward notion that nursing is a despicable and inferior

profession. However, the women officers belonging to the

other cadres of the Army who are also employed in jobs

which are primarily non-combatant in nature are not similarly

discriminated.

REPLY TO REPLY TO PARA 3

141. Paras 3.1 to 3.4 The serving officers of the MNS neither formed

any association nor they are being represented by any

association. The petitioner is only concerned about the

respondents attempts to change the status, terms and

conditions of the officers serving in the MNS Any down

gradation in the status of the officers of the regular Army

serving in the MNS will adversely affect the lifelong

achievements of these Veterans Officers who are members of

this Society, at the twilight years of their life. The reply given

to the preliminary submissions at Para 125 - 126 and 128 -

130 are reiterated.

 164

142. Paras 3.5 The contents are a matter of record.

143. Paras 3.6 The averments made by the respondent is false and

denied to the extent that IMNS is still in existence, MNS is

not part of the AFMS, MNS is an auxiliary service and MNS is

not under the Army Act 1950. It is humbly submitted that the

detailed explanation are given at Paras 5 40, above.

144. Para 3.7 In reply it is reiterated that the AI 4/59 was issued

in recognition of the status of the officers in the MNS as

officers of the regular Army.

145. Para 3.8 The averments of the respondent is false and denied

to the extent that Paras 754 and 755 are not applicable to

the MNS officers, MNS officers are not superior officers as

defined under Army Act 1950 and terming Army Order

353/73 as an administrative expediency. The officers in the

MNS are officers of the regular Army under the Army Act,
 165

1950. Hence the Regulations for the Army, 1987 applies to

them as it applies to other officers of the regular Army.

Subsequent to the Respondents action of re-designation of

rank in the MNS vide Army Instruction 4/59, equating them

with other officers of the Regular Army and re-affirming the

same through Regulations for the Army, 1962; the Chief of

Army Staff clarified the issue of saluting the MNS officers

through Army Order 501/63. The relevant parts of which are

as under:

1. Military Nursing Service Off icers are

required to salute and are entitled to

salutes in the same manner as other

commissioned officers.

2. MNS Officers while wearing uniform with

service caps will salute service officers senior to

them and return the salutes of junior officers

and soldiers at all times.

 166

That the AO 501/63 was cancelled through Army Order

353/73 in 1973 and the Chief of the Army Staff again

reiterated that the Military Nursing Service Officers are

required to salute and are entitled to salutes in the same

manner as other commissioned officers; and MNS Officers

while wearing uniform with service caps will salute service

officers senior to them and return the salutes of junior

officers and soldiers at all times. The abovementioned Army

Orders 501/63 and 353/73 clearly demonstrate that officers

in the MNS of the regular Army are required to salute and be

saluted in the same manner as other officers of the regular

Army. It is not an administrative expediency, but recognition

of status of the MNS officers as officers of the regular Army.

147. Para 3.9 The averments made by the respondent are false

and denied except the part that Boys, scouts/Boys Company

and NCC are not regular Army. It is reiterated that MNS

forms part of the regular Army and therefore comes under

 167

the definition of regular Army as defined in Army Act, 1950.

Further, the Army Order 11/82 places the MNS first among

the medical services.

148. Para 3.10-3.12The averments made by the respondent

are false and denied. The officers serving in the MNS are

officers of the regular Army and hence the Army Act, 1950

and the Army Rules, 1954 applies to them in the same

manner it applies to officers from other cadres of the regular

Army. The officers in the MNS becomes subject to the Army

Act, 1950 under Section 2(1)(a) as officers of the regular

Army. Further, the persons subject to the Army Act, 1950

under Section 2(1)(a) of the Act can only be retired from the

regular Army under Rule 16A of the Army Rules, 1954 as

provided in Section 2(2) of the Act. That the provisions of the

Army Act, 1950 apply to the officers serving in the MNS is an

undeniable fact as the MNS has been included in the arms

and services/departments of the regular Army given in Rule

16A of the Army Rules, 1954. This leaves no manner of

 168

doubt that the officers serving in the MNS are officers of the

regular Army. Therefore the Army Act, 1950 applies to the

women officers serving in MNS as officers of the regular

Army; under Section 2(1) (a) of the Act. The detailed

explanation is given in Para 5 31, above.

As regards to Para 233 (a) of the RMSAF it is stated that, the

women officers serving in the MNS are the most combat

exposed women in Indian Army. They have served through

two World Wars. According to the historical records, around

350 Indian Army Nurses either died or taken prisoner or

missing in action during the two World Wars. On a single day

on 14 February 1942, fifteen IMNS Nurses died in the sinking

of SS Kuala by the Japanese dive bombers of the Coast of

Pom Pong Island. The officers of the MNS have served on the

fringes of the battle fields in the five major bloody wars we

have fought after independence. The officers in the MNS are

still caring for the sick and wounded soldiers in the terrorist

torn North and North East to the field area bunkers just a
 169

stones throw away from the international borders. The

officers in MNS over the years have supported our combat

forces in UN Missions at Korea, Gaza, Vietnam, Somalia,

Rwanda, Angola, Ethiopia, Sudan, Lebanon, Cambodia, and

Sierra Leone etc. and with IPKF in Sri Lanka, also in war

ravaged Afghanistan, earth quake struck Nepal etc. No

women officer from other services in the Indian Armed

Forces ever got killed in action, or taken POWs or endured so

many hardships in the service of our great Country. In India

the officers of the MNS have been posted at J&K where it is

impossible to distinguish which part of the state is a conflict

zone and which is not. They are posted at border static

hospitals and elsewhere. These border static hospitals are

often close to the Line of Control (LOC) with Pakistan. Such

hospitals near LOC at Tangdhar in Kupwara Dist and at Kargil

are within the reach of small arms fire from across the

border. The Tangdar and Badami Bagh camp at Srinagar are

frequently targeted by the militants. In Assam and other

parts of the North East the officers of the MNS have been
 170

posted to counter insurgency areas. In Manipur areas have

been declared as disturbed areas under AFSPA and the

officers of the MNS are posted in these disturbed areas. Not

only are the officers of the MNS required to work in the

hospitals but they are also required to accompany the

patients in ambulances when they are being transferred in

the conflict zones and insurgency prone areas. The above

statement of duties may be justified as an elaboration of

nursing duties in hospitals, and such hospitals are not

expected to be a brick and mortar building. It could be a

clearing or open space in the thick jungles of Assam or a tent

in the Thar Dessert and a designated place under the open

skies on the fringes of the battle field like what used to be Sri

Lanka.

The said RMSAF though has the stamp of the Government of

India is nothing but a document drafted by office of the

Director General Armed Forces Medical Services (DGAFMS).

The DGAFMS being an AMC doctor himself is in the forefront

 171

of down gradation of the MNS to an auxiliary force. This AMC

wants to deny the officers of the MNS the status of the

officers of the regular Army. They are the ones who were the

master minds who orchestrated the protests which followed

the authorisation of olive green uniform to the MNS officers

in the year 2000. This led to certain issues which were finally

decided by the Supreme Court in Transfer Case (c) 38 of

2002. The fraud Ordinance being circulated in the training

manual and deliberate distortions of law regarding the MNS is

elaborated in Para 60 62, above. Further, the submission

of the false copy of the Indian Military Nursing Service

Ordinance, 1943 annexed as Annexure R-1 is elaborated at

Para 102. Therefore the Para 234 of the RMSAF which states

that Nursing Officer will be subject the Army Act 1950 in so

far as it has been made applicable to them under the Indian

Military Nursing Service Ordinance, 1943; shall be considered

a deliberate act by the DGAFMS office to corrupt the law to

create confusion among the armed forces personnel and

 172

finally denying status of regular Army officers to the MNS

officers.

When any questions of law arises the Constitution of India

stands supreme. All laws made by the Parliament shall be in

conformity with the Constitution. Thereafter the Statutory

laws takes precedence, the statutory Rules comes thereafter.

The non-statutory regulations made by the Government shall

be in conformity with the statutory Rules. These regulations,

being non-statutory, are supplemental to the relevant

statutory provisions, wherever they exist, and do not

supplant them. The Army Rules, 1954 are statutory Rules

made by the Central Government under Section 191 of the

Army Act 1950. The Section 193 of the Army Act, 1950

speaks about Publication of rules and regulations in Gazette,

which reads as under:

193. Publication of rules and regulations in Gazette.

-All rules and regulations made under this Act shall be

 173

published in the official Gazette and on such publication,

shall have effect as if enacted in this Act.

Neither the Army Act, 1950 nor the Army Rules, 1954

mention the name of IMNS anywhere in it (as it became

redundant after the creation of the MNS). The name of the

organisation constituted by the IMNS Ordinance, 1943

remains even today as IMNS. Further, MNS finds mention in

the Army Rules alongside the Arms and Services of the

Regular Army. The relevant part of the Rule 16A of Army

Rules, 1954 reads as under:

16A. Retirement of officers.

(1) Officers shall be retired from service under the

orders of the Central Government, or the authorities

specified in sub-rule (2), with effect from the

afternoon of the last date of the month in which

they

(a) Attain the age limits specified in sub-rule (5);or

 174

(b) Complete the tenures of appointment specified in

sub-rule 5 (f) (ii) and (g) (ii) and sub-rule (6), whichever

is earlier.

(2) The authorities referred to in sub-rule (1) shall

be

(a) The Director-General, Armed Forces Medical

Services in respect of officers of the Army Medical

Corps, Army Dental Corps and Military Nursing

Service;

The Rule 2(f) of the Army Rules, 1954, reads as under:

(f) All words and expressions used in these rules

and not defined, but defined in the Act, shall have the

same meanings as in the Act.

Thus under the Rule 2(f) of the Army Rules the Officers in

the MNS comes under the definition of the Officer as defined

 175

in the Army Act, 1950, Section 3 (xviii), which reads as

under:

(xviii) Officer means a person commissioned,

gazetted or in pay as an officer in the regular Army,
and includes- ... ...

Further, no specific mention is made of any Arms and

Services of the regular Army including MNS in this Section

[Section 3(xviii) of Army Act 1950]; confirms the status of

MNS forming part of the regular Army.

Additionally, the Army Rules, 1954 being Statutory Rules shall

preside over all other regulations, orders and instructions, be

it from the Government of India or from the Army authorities.

Therefore the Para 234 of the RMSAF being not in conformity

with the Statutory Law is invalid and cannot bring the officers

of the regular Army serving in the MNS under the provisions

of the Indian Military Nursing Service Ordinance, 1943, which

remains impliedly repealed on the repeal of the Indian Army

 176

Act, 1911 on 22.07.195. The detailed explanation of how the

IMNS ceased to exist after the repeal of the Indian Army

Act, 1911 and why the IMNS Ordinance is not applicable to

the MNS are given at Para 78 94, above.

The terms and conditions of service of the MNS officers flows

from the Army Act, 1950 and Rules made thereunder. The

said oath or affirmation administered on grant of commission

every officer of the regular Army is required to be made as

mandated by the Section 16 of the Army Act, 1950 in the

manner provided in Section 17 (1) of the Act. This oath or

affirmation binds them as officers of the regular Army to duty

bound, honestly and faithfully serve in the regular Army of

the Union of India. Further, it is fact that officers in the MNS

are officers of the regular Army subject to the Army Act,

1950.

149. Para 3.13 The contents of this Para are false and denied. The

women officers serving in the MNS are commissioned under

 177

Section 10 subject to the provisions of the Section 16 and 17

of the Army Act 1950. Further, the Army Act, 1950 applies to

them under Section 2(1) (a) of the Act. They by their

commission, are liable to render continuously for a term

military service to the Union in any part of the world, hence

is part of the regular Army under Section 3 (xxi). Additionally,

they are officers of the regular Army as defined in Section 3

(xviii) of the Act. The Navy Act, 1957, Section 10 (2) laid

down that grant of the commission shall be notified in the

Official Gazette and such notification shall be conclusive

proof of the grant of such commission. The Indian Navy

being part of the Armed Forces of the Union is a Sister

Service of the Indian Army. Hence such notification issued in

the Gazette of India under regular Army in respect of the

MNS officers shall be considered as conclusive proof of such

commission. Such parchments have been issued to the

officers in the MNS from 1950 till 1999 and cannot be called

an error. Further, the temporary suspension of the

 178

Presidents parchments is in no way alters the status of the

women officers in the MNS as officers of the regular Army.

150. Para 3.14 The contents of this Para are false and denied.

The petitioner specifically denies that MNS officers are

subject to the IMNS Ordinance, 1943. It is reiterated that

women officers in the MNS are officers of the regular Army

and can be tried for any offence under the Army Act, 1950.

151. Para 3.15 The contents of this Para are false and denied to the

extent that comparison sought to be drawn in this core is

misleading and misconceived.

152. Para 3.16 The contents of this Para are false and denied. It is

humbly submitted that all officers of the regular Army serving

in the Arms are issued with a certificate signed by the

President as per the format as given in Appendix D to Para

151 of the Regulations for the Army, revised edition 1987;

and previously under the corresponding Para of the

 179

Regulations, 1962 edition. The said certificate from the

President of India, reads as,

I, reposing special trust and confidence in your

fidelity, courage and good conduct do by these

presents constitute and appoint you to be Lieutenant

in the regular Army

I therefore charge and command you carefully and

diligently to discharge your duty in the rank or in the

higher rank to which you may from time to time

hereafter promoted or appointed of which a

notification will be made in the gazette of India and

to obey such directions as from time to time you

shall receive from me or any of your superior officers

and to observe and execute the rules regulations and

orders for the governance of the regular Army.

However, rest of the officers of the regular Army including

those in the MNS, who belong to the Services of the Army

 180

are given an appointment letter mentioning his/ her parent

Service suitably amending the given format. The relevant

portion of a sample appointment letter issued to an officer

commissioned in the Services of the regular Army including

the MNS is as under:

I, reposing special trust and confidence in your

fidelity, courage and good conduct, do by these

Presents Constitute and Appoint you to be

Lieutenant in the .............................from the...day

of.....

I, therefore, charge and command you carefully and

diligently to discharge your Duty in the Rank or in

any higher Rank to which you may from time to

time hereafter be promoted or appointed, of which

a notification will be made in the Gazette of India

and to obey such directions as from time to time

you shall receive from me or any of your superior

Officers and to observe and execute the Rules

 181

Regulations and Orders for the Governance of the

................ And I do hereby charge and command

the Officers and Others subordinate to you to

conduct themselves with due Respect and

Obedience to you as their Superior Officer.

There is therefore no doubt that the officers in the MNS

stand on par in every respect with the officers in all other

Services of the regular Army. As mentioned above at Para

168, grant of the commission shall be notified in the Official

Gazette and such notification shall be conclusive proof of the

grant of such commission. The temporary suspension of the

Presidents parchments is in no way alters the status of the

women officers in the MNS as officers of the regular Army.

152. Para 3.17 The reply of the respondent is false and denied. The

petitioner specifically denies that the issuance of gazette

notification is not a conclusive proof of commission in the

regular Army. As mentioned above at Para 40 and 149, grant

 182

of the commission shall be notified in the Official Gazette and

such notification shall be conclusive proof of the grant of

such commission. The petitioners beg to the Honble Court

to examine the detailed explanation given in Para 5 17,

above as to the provisions under which the officers in the

MNS becomes the officers of the regular Army, subject to

Army Act, 1950.

154. Para 3.18 The reply is misleading and misconceived and hence

denied. The detailed position of the petitioners in Major

Bindu Arvindans case is given in detail at Para 139, above.

155. Para 3.19 to 3.23 The averment put forward in this Para is false

and vehemently denied. It is an accepted fact that the

officers of the Army do not form a homogeneous cadre. The

officers serving in the Services of the Army do not constitute

a single cadre with officers serving in Arms and Arms

Support, no matter they may all be drawing the same salary,

holding the same rank, wearing the same uniform and

 183

serving the same employer with similar service benefits. The

officers in the Arms and Services of the Army do not form a

homogeneous cadre, but consists of different cadres.

Therefore every Para of the Regulations for the Army does

not apply to the every officers of the regular Army. The

commonality exists among the Arms and Arms Support

cadres of the regular Army. Hence there are specific Paras

inserted in the said regulation catering for the specific need

of each Service. Regardless of these differences among the

various cadres, all of these officers including those of MNS

are officers of the regular Army subject to Army Act, 1950

and Rules made thereunder. The Honble Supreme Courts

order in Civil Appeal No. 3208 of 2015 is relevant here, it is

held that:

32. Applying the above test to the case at hand we

have no hesitation in holding that officers serving in

the Service stream of the Army do not constitute a

single cadre with officers serving in Arms and Arms

 184

Support, no matter they may all be drawing the

same salary, holding the same rank, wearing the

same uniform and serving the same employer with

similar service benefits...

156. Para 3.24 The contention of the respondent is

denied to the extent that MNS is an auxiliary force. In reply it

is submitted that officers in the MNS are officers of the

regular Army subject to the Army Act, 1950 and Rules made

thereunder. Further, the persons subject to the Army Act,

1950 under Section 2(1)(a) of the Act can only be retired

from the regular Army under Rule 16A of the Army Rules,

1954 as provided in Section 2(2) of the Act. That the

provisions of the Army Act, 1950 apply to the officers serving

in the MNS is an undeniable fact as the MNS has been

included in the arms and services/departments of the regular

Army given in Rule 16A of the Army Rules, 1954. This leaves

no manner of doubt that the officers serving in the MNS are

officers of the regular Army. Therefore the Army Act, 1950

 185

applies to the women officers serving in MNS as officers of

the regular Army; under Section 2(1) (a) of the Act.

157. Para 3.25 The contention of the respondent is denied to the

extent that, such mention has been made to accommodate

and privilege extended to shelter them at par with their more

counter parts. It is humbly submitted here that this equal

status granted to the officers in MNS is in conformity with

their position as officers of the regular Army. Further, re-

designation of rank structure of the officers in MNS by the

Respondent through the issuance of Army Instruction 4/59

confirms the status of the officers of the MNS as officers of

the regular Army. At Para 2 (iv) of the said instructions, it

stated as under in conformity with their status as officers of

the regular Army, which reads as under:

2. Rank, Seniority and Promotions-

(A)
 186

(iv) The rank of Nursing Officers when

seconded to the Navy or the Air Force will

correspond to equivalent ranks in those

Services.

158. Para 3.26 to 3.27 The contents in this Para are denied

except those are of historical records. It is humbly submitted

that regular Army includes the Army Reserve and the

Territorial Army, when called out on permanent service. The

definition of the regular Army as given in Section 3 (xxi) of

the Army Act, 1950 is as under:

(xxi) Regular Army means officers, junior

commissioned officers, warrant officers, non-

commissioned officers and other enrolled persons who,

by their commission, warrant, terms of enrolment or

otherwise, are liable to render continuously for a term

military service to the Union in any part of the world,

including persons belonging to the Reserve Forces and

 187

the Territorial Army when called out on permanent

service;

The Defence Services Regulations Regulation for the Army,

revised edition 1987 or "Regulations for the Army" are issued

under the authority of the Government of India. At Para 2 of

the preface it is stated that, the Regulations for the Army is a

comprehensive compilation covering the salient aspects of

administration of the Regular Army. The regular Army

includes the Army Reserve and the Territorial Army, when

called out on permanent service along with the Arms and all

Services including MNS which are permanently part of the

regular Army. Hence the regulations for the Army applies to

the officers in MNS as officers of the regular Army, subject to

the Army Act, 1950 and Rules made thereunder. The preface

of the said Regulations reads as under:

PREFACE
 188

1. "Regulations for the Army" are issued under the

authority of the Government of India. These were last

revised in 1962 in supersession of the "Regulations for

the Army in IndiaReprint 1945" and "Instructs by His

Excellency the Commander-in Chief, Reprint 1945".

2. This is a comprehensive compilation covering the

salient

aspects of administration of the Regular Army.

Commanding and other officers shall be responsible for

ensuring that these regulations are strictly observed and

that any local instructions or regimental orders that may

be issued are in accordance with the spirit and intention

of these regulations.

3. These regulations, being non-statutory, are

supplemental to the relevant statutory provisions,

wherever they exist, and do not supplant them. Officers

are expected to interpret and apply these regulations

reasonably and with due regard to the interests of the

 189

Service, bearing in mind that no attempt has been made

to provide for necessary and self evident exceptions nor

for such matters as should ordinarily be dealt with by

local authorities.

4. Departmental orders and instructions are based on,

and take their authority from, these regulations. Should

any variance arise between such orders and instructions

and these "Regulations for the Army", the latter shall

prevail.

(S.K. BRATNAGAR.)

Secretary to the Government of India Ministry of Defence

New Delhi December 5, 1986.

The Chief of Army Staff had set up three committees,

namely, Lt Gen Girish, Brig JS Yadav, Maj Gen MKV Panicker

Committees were set up after the Supreme Court and

judgment in the Transfer Case (c) 38 of 2002. These

 190

committees were set up to rewrite the military law, rank

insignias, designation rank, organizational structure, terms

and conditions of service etc. concerning the MNS to make it

an auxiliary force akin to the erstwhile IMNS which existed

prior to the enactment of the Army Act, 1950. The details of

the same are elaborated in Para 139, above. The Honble

Court may take note of the admission made by the

Respondent regarding their intentions to change the law

regarding the MNS.

159. Para 3.28 The averments in this Para false are and are

vehemently denied. The Army Rules, 1954 are Statutory

Rules made by the Central Government under Section 191 of

the Army Act 1950. The Section 193 and 193A of the Army

Act, 1950 speaks about Publication of rules and regulations in

Gazette and placing before the Parliament respectively, they

read as under:
 191

193. Publication of rules and regulations in Gazette.

-All rules and regulations made under this Act shall be

published in the official Gazette and on such publication,

shall have effect as if enacted in this Act.

193-A. Rules and regulations to be laid before

Parliament.- Every rule and every regulation made by

the Central Government under this Act shall be laid, as

soon as may be after it is made, before each House of

Parliament while it is in session, for a total period of

thirty days

Further, the Rule 2(f) of the Army Rules, 1954, reads as

under:

(f) All words and expressions used in these rules

and not defined, but defined in the Act, shall have the

same meanings as in the Act.

The MNS finds mention in the Army Rules, 1954 alongside

the Arms and other Services of the Regular Army. The

 192

relevant portion is at Rule 16A of the Army Rules, 1954

dealing with the retirement of Officers. The term Officer is

not defined in the Rules but is defined only in the Army Act,

1950. Hence, under the Rule 2(f) of the Army Rules, the

Officers in the MNS comes under the definition of the Officer

as defined in the Army Act, 1950, Section 3 (xviii), which

reads as under:

(xviii) Officer means a person commissioned,

gazetted or in pay as an officer in the regular Army, and

includes- (a) An officer of the Indian Reserve Forces

(b) An officer holding a commission in the

Territorial Army granted by the President with

designation of rank corresponding to that of an officer of

the regular Army who is for the time being subject to

this Act;

(c) An officer of the Army in Indian Reserve of Officers

who is for the time being subject to this Act;

 193

(d) An officer of the Indian Regular Reserve of

officers who is for the time being subject to this Act

5
[ (e)* * * *]

(f) In relation to a person subject to this Act when

serving under such conditions as may be prescribed, an

officer of the Navy or Air Force; But does not include a

junior commissioned officer; warrant officer, petty

officer or non commissioned officer;

Further, there is no specific mention is made to any

permanent constituent of the regular Army at clause (a) to

(f) of Section 3(xviii) of Army Act 1950 as given above; which

confirms the status of MNS forming part of the regular Army.

The Section 3 (vi) of the Army Act, 1950 defines a corps as

give under:

(vi) Corps means any separate body of persons

subject to this Act, which is prescribed as a corps for the

purposes of all or any of the provisions of this Act;

 194

Further, the Rule 187 Army Rules, 1954 lists the Corps

prescribed under Section 3(vi), the said Rule reads as under:

187. Corps prescribed under section 3 (vi).

(1) Each of the following separate bodies of persons

subject to the Act shall be a corps for the purposes of

Chapter III and section 43(a) of the said Act and of

Chapters II and III of these rules, except rule 13,

namely:

(a) Presidents Body Guard.

(b) The Armoured Corps, Horsed Cavalry

Regiments, including Training Centres and non-

combatants.

(c) The Regiment of Artillery.

(d) The Corps of Engineers including non-

combatants.

(e) The Corps of Signals including non-

combatants.
 195

(f) Each regiment or each ungrouped battalion

(as the case may be) of Infantry, or, in the case of

grouped Gorkha Regiments, each group of Infantry

including non-combatants.

(g) Each parachute battalion.

(h) The Army Service Corps (including postal).

(i) The Remount, Veterinary and Farms Corps.

(j) The Army Medical Corps.

(k) The Army Dental Corps.

(l) The Army Ordnance Corps.

(m) The Corps of Electrical and Mechanical

Engineers.

(n) The Technical Development Establishments.

(o) The Intelligence Corps.

(p) The Corps of Military Police.

(q) The Pioneer Corps.

(r) The Defence Security Corps.

(s) The Army Education Corps.

(t) The Army Physical Training Corps.

 196

(u) The General Service Corps.

(v) The Frontier Defence Corps.

(w) Each Boys Battalion.

(x) Gorkha Boys Company.

(y) Any other separate body of persons subject to

the Act, employed on any service and NOT attached

to any of the above corps or to any department.

It is humbly submitted that MNS is a separate body of

persons subject to the Act having a Major General ranked

officers as its head, employed on a Service and NOT attached

to any of the above corps or to any department listed at

clause (a) to (x) of Rule 187(1). Further, the relevant Para of

1962 Regulations for the Army refers to the MNS as a

Corps/Service of the regular Army. This was further

reinforced, when the COAS through the Army Orders 120/73

and 11/82 laid down the order of precedence of the Arms/

Services and Units of the Army. The Para 255 of the

Regulations for the Army, 1987 also refers to the MNS as a

 197

Corps/Service of the regular Army. Thus officers in the MNS

are officers as defined in Section 3(xviii) of the Army Act,

1950 and MNS is a Corps of the Regular Army.

160. Para 3.29 to 3-30 The contention of the respondent is false and

is denied. The said bond for the Nursing Cadets admitted for

training in College of Nursing under the Armed Forces

Medical Services titled executed on behalf of the President of

India on one side and the Father or Guardian of a selected

candidate promises a permanent commission/short service

commission as a nursing officer in the regular army on the

successful completion of the course. The relevant part of the

bond is as follows:

whereashas been selected by government for

admission towith a view to her being granted

permanent commission/short service commission as

a nursing officer in the regular army

 198

The respondent is trying to change the said bond omitting

the promise of permanent commission/short service

commission as a nursing officer in the regular army on the

successful completion of the course. The Army is presently

trying to change the status of the future generations of the

officers in the MNS as officers of the regular Army by

amending the aforesaid pre-commissioning training Bond.

161. Para 3.31 The contention of the respondent is false and is

denied except those of the historical records. The AMC

doctors want to deny the officers of the MNS the status of

the officers of the regular Army. They are the ones who were

the master minds who orchestrated the protests which

followed the authorisation of olive green uniform to the MNS

officers in the year 2000. This led to certain issues which

were finally decided by the Supreme Court in Transfer Case

(c) 38 of 2002. The fraud Ordinance being circulated in the

training manual and deliberate distortions of law regarding

the MNS is elaborated in Para 60 62, above. Further, the

 199

submission of the false copy of the Indian Military Nursing

Service Ordinance, 1943 annexed as Annexure R-1 is

elaborated at Para 102.

The respondent is on the habit of misrepresentation

of facts before Courts and Tribunals and deliberately causing

distortions of law as laid down by the Army Act, 1950 and

the Rules thereunder; which is the law officers in the MNS

are subject to since its inception. The mentioned table

contains the facts which has not been denied in detail by the

respondent; instead brushed aside as misconceived. Because

the respondent is fully aware that the officers in the MNS are

officers of the regular Army and as such comes under the

Army Act, 1950 and the Rules made there under. Further,

the persons subject to the Army Act, 1950 under Section

2(1)(a) of the Act can only be retired from the regular Army

under Rule 16A of the Army Rules, 1954 as provided in

Section 2(2) of the Act. That the provisions of the Army Act,

1950 apply to the officers serving in the MNS is an

 200

undeniable fact as the MNS has been included in the arms

and services/departments of the regular Army given in Rule

16A of the Army Rules, 1954. This leaves no manner of

doubt that the officers serving in the MNS are officers of the

regular Army. Therefore the Army Act, 1950 applies to the

women officers serving in MNS as officers of the regular

Army; under Section 2(1) (a) of the Act. The details are

elaborated in Para 5 31, above.

Further, according to the title, preamble and elsewhere in the

Indian Military Nursing Service Ordinance, 1943, the name of

the organization constituted by the Ordinance remains

Indian Military Nursing Service (IMNS). Neither the Army

Act, 1950 nor the Army Rules, 1954 mention the name of

IMNS anywhere in it (as it became redundant after the

creation of the MNS). Further, to change the name of the

Indian Administrative Service and or the Indian Police

Service, the Parliament has to make amendments to the

Article 312 (2) of the Constitution of India through an

 201

amendment Act. So is the case with any organization

constituted by an Act of the Parliament. On the risk of

repetition it is stated again that name of the organisation

constituted by the IMNS Ordinance, 1943 remains even today

as IMNS. Additionally, MNS finds mention in the Army Rules,

1954 alongside the Arms and Services of the Regular Army.

It is humbly submitted that the MNS is subject only to the

Army Act, 1950 and the Rules made thereunder. The MNS

forms part of the regular Army and officers in the MNS are

officers of the regular Army. The Honble Court is humbly

requested to take note that the respondent has not even

attempted to explain how the name of the organisation

christened by statutory law to IMNS had been changed to

MNS without amending the parent Act, that is the Indian

Military Nursing Service Ordinance, 1943.

161. Para 3-32 to 3.34 The contention of the respondent is false and

is denied. The respondent stopped the arms training of the

officers in the MNS as part of their larger plans to down

 202

grade the MNS from regular Army to auxiliary forces. It is

reiterated that act of depriving the officers of the MNS of

arms training was an arbitrary act which render the officers

of the MNS vulnerable. The Article 22 of the Geneva

Convention for the Amelioration of the Condition of the

Wounded and Sick in Armed Forces in the Field has been

ignored. That the Medical personnel have the right to

bear arms and may in case of need, use them in their own

defence or in that of the wounded and sick in their charge.

The purpose of the provision is undoubtedly to make it

possible for the medical personnel to ensure the maintenance

of order and discipline in a hospital or sick-bay on land, in a

hospital ship and protect it against individual hostile acts. A

medical establishment is under military discipline, and its

personnel must be provided with small arms, to prevent

patients from leaving the premises without permission or

from committing hostile acts, and to ensure that the Nurses

enjoy the respect to which they are entitled. During the 1971
 203

war with Pakistan the Nursing Officers posted in border areas

were provided with revolvers.

The respondent even ignored the facts that there are still

international shooters who are serving officers of the MNS.

Indias first gold medal in a womens event at the Common

Wealth Games 2006 was won by then Major Saroja Kumari

Jhuthu an officer in the MNS. Her illustrious career started

with her being adjudged the Best Shot during the Initial

Nursing Officers Course in 1991 after her commissioning in

the regular Army. Therefore, the arms training was indeed a

part of the military training for the officers in the MNS.

161. Para 3.35 The contention of the respondent is false and

is denied. The medical and nursing cadets in the Armed

Forces Medical College Pune under goes 4 years and 4

years professional training to qualify in the MBBS and the BSc

Nursing course respectively. The basic educational

qualification required at entry level both these courses are

 204

the same (10+2 with PCB). The training of medical students

involves only the study of medicine. There are no military

training imparted to either of this category at this stage.

After the successful completion of the training they (medical

and nursing cadets) are granted commission in the regular

Army. Subsequently they under goes a maximum of 8 weeks

of basic military training, but even the women officers

serving in the noncombatant branches of the Army

undergoes a full 11 months of military training. The MNS

officers field service liability is elaborated in Para 48 - 53,

above.

The officers of the MNS are being posted at J&K where it is

impossible to distinguish which part of the state is a conflict

zone and which is not. They are posted at border static

hospitals and elsewhere. These border static hospitals are

often close to the Line of Control (LOC) with Pakistan. Such

hospitals near LOC at Tangdhar in Kupwara Dist and at Kargil

are within the reach of small arms fire from across the
 205

border. The Tangdar and Badami Bagh camp at Srinagar are

frequently targeted by the militants. In Assam and other

parts of the North East the officers of the MNS are posted to

counter insurgency areas. In Manipur, areas have been

declared as disturbed areas under AFSPA and the officers of

the MNS are posted in these disturbed areas. Not only are

the officers of the MNS required to work in the hospitals but

they are also required to accompany the patients in

ambulances when they are being transferred in the conflict

zones and insurgency prone areas. The officers in the MNS

often travels with persons from other Arms and Services of

the regular Army in convoys through conflict zones and

insurgency areas thus facing the same level of threat to their

lives as other army personnel. The respondents statement

denying posting of MNS officers to Field Hospitals is

completely false and ill conceived. Further, it was mentioned

in reply by the respondent in the following words as given

under:
 206

The officers of MNS are not posted to any other

medical unit even to a Field Hospital which comprises of

officers, JCOs and men from medical services only. This

is because such units are deployed in combat zones

The Army had found a novel way around by sending the

officers in the MNS on attachment to the Field Hospitals by

sending them on attachments and temporary duties on a

permanent basis round the year. True copy of posting cum

attachment order to 456 Field Hospital of MNS Officers issued

by Army HQs is annexed as Annexure R-8 (pages 325 to

326); attachment plan for year 2016 MNS Officers made by

HQs Uttarbharat Area to 2009 Field Hospital is annexed as

Annexure R-9 (pages 327 to 328); and movement order

routing MNS officer on temporary duty issued by 167 MH to

329 Field Hospital is annexed as Annexure R-10 (pages

329 to 330).
 207

163. Paras 3.36 to 3.39 In reply it is submitted that as

elaborated earlier, the respondent have been projecting the

MNS as an auxiliary force. The fact that the women officers

in the MNS are officers of the regular Army was hidden from

the Pay Commissions, which made these expert committees

to treat them differently. Other officers who belong to

different Arms and Services of the regular Army who have

nothing in common, except the same rank insignias, holding

the same rank, wearing the same uniform and serving the

same employer with similar service benefits, were granted

the same salary by successive pay commissions.

However, the Respondent had considered MNS cadre equal in

all respect to other cadre officers of the Army, during the 4th

Central Pay Commission (CPC). Accordingly in 1984 the Army

had proposed to the 4th CPC to grant the same pay scales to

officers in the MNS as applicable for other Service Officers

(Para 147.39 of 5th CPC report) . In 1995 to the 5th CPC, the

Army had proposed to grant the same pay scales to

 208

Brigadiers and Major Generals in the MNS as for other cadres

officers, and for other ranks (Lt. to Col.) a starting scale of

one increment below the other cadres. In 2008, the 6th CPC

had recommended that no differential in the salary belonging

to the officers in the MNS and other Services is justified and

the pay band and grade pay of similarly designated posts in

the MNS and other Service cadre should be the same (Para

2.3.20 of 6th CPC report). However, when these

recommendations were notified for implementation, the

officers in the MNS were downgraded arbitrarily on the

demands of the Army. The Armys stand was such grant of

same pay band and grade pay to officers in the MNS will

undermine the Command and Control in the medical

establishments; as if the Army Act, 1950 and the Rules made

thereunder were not effective. However, that on 30th August

2008, The Government of India through the Gazette of

India, dated 30 August 2008, Part-I, Section 3, Para 1(E)

(xi), had laid down that, the Grade pay to determine

 209

seniority of posts only within a cadres hierarchy and not

between various cadres;.

The Honble Supreme Court of India in Civil Appeal No. 3208

of 2015 held that, the officers in the Arms and Services of

the Army do not form a homogeneous cadre, but consists of

different cadres. Hence the officers in the MNS continue to

rank equally with other officers of the same titular rank

including the Doctors in the AMC as laid down in

Regulations for the Army, 1987 Para 733(b); regardless of

their lower grade pay.

The medical, dental and nursing officers are recruited for

their professional capabilities. It is a fact that the doctors,

dentists and nurses in the Indian Army are selected based on

departmentally conducted test and interview. Their selection

is not based on UPSC examination followed by Services

Selection Board Tests/ Interview like other cadre officers.

 210

The Indian Army is not modeled on the Central Police

Organisations, namely, CRPF, CISF, BSF, ITBP etc. therefore

drawing parallels between officers in the regular Army and

personnel of these organisations are not appropriate. All

these organisations are not intended to fight a war with

enemy Nations. Further they are of recent origin and their

women personnel are working under less hazardous

situations the officers of the regular Army serving in the MNS

are working. We should look towards the developed,

developing and underdeveloped countries to gain inspiration

towards modernization of Army Nursing Services.

The officers of the MNS have served on the fringes of the

battle fields in the five major bloody wars we have fought

after independence. The officers in MNS over the years have

supported our combat forces in UN Missions at Korea, Gaza,

Vietnam, Somalia, Rwanda, Angola, Ethiopia, Sudan,

Lebanon, Cambodia, and Sierra Leone etc. and with IPKF in

 211

Sri Lanka, also in war ravaged Afghanistan, earth quake

struck Nepal etc. As on date a total of 20 MNS Officers are

serving abroad with the combat forces of the Indian Army,

the places are namely, Tajikistan, Sudan, Lebanon and

Congo. In India the officers of the MNS have been posted at

J&K where it is impossible to distinguish which part of the

state is a conflict zone and which is not. They are posted at

border static hospitals and elsewhere. These border static

hospitals are often close to the Line of Control (LOC) with

Pakistan. Such hospitals near LOC at Tangdhar in Kupwara

Dist and at Kargil are within the reach of small arms fire from

across the border. The Tangdar and Badami Bagh camp at

Srinagar are frequently targeted by the militants. In Assam

and other parts of the North East the officers of the MNS

have been posted to counter insurgency areas. In Manipur

areas have been declared as disturbed areas under AFSPA

and the officers of the MNS are posted in these disturbed

areas. Not only are the officers of the MNS required to work

in the hospitals but they are also required to accompany the

 212

patients in ambulances when they are being transferred in

the conflict zones and insurgency prone areas.

If at all any comparison is to be made that shall only be with

counter parts from other Countries. In the UK there is no

segregation of discrimination against the army nurses. They

are called the Queen Alexandrias Royal Army Nursing

Corps (QARANC) and they form an integral part of the Royal

Army. They wear the same uniforms, bear the same

insignias and ranks as officers of the regular army, salute

and are saluted to and have exactly the same status, dignity,

rights, pay and privileges as officers of the regular Army. The

MNS finds its origins from the QARANC. Further, in the US

also the Nursing officers are commissioned officers. Recently,

the head of the nursing services was made the Commander

of the Army Medical Command and retired as Major General.

In the US nursing officers routinely command hospitals and

medical establishments and are made commanders of the US

Army Medical Command. As in the UK and the US so too in

 213

Bhutan, Nepal and Afganistan, the nursing officers are like

any other officer of the regular Army at par in every respect

and they wear the same uniform. This is also the situation in

most of Europe and in other developed countries such

Australia, New Zealand and Canada.

164. Paras 3.40 The averment made in this Para are false and denied.

The officers in the MNS are officers of the Regular Army and

are combatants subject to Army Act, 1950 and Rules made

thereunder. The elaborate details are as give at Para 5 31,

above.

192. Para 3.41 to 3.42 Accepted as matter of facts.

165. Para 3.43 to 3.44 The averment made in Para are false

and misconceived and the same are denied. The respondent

is not responding to the question of name change of IMNS

to MNS. The Honble Court is requested to take note of the

 214

same. The reply given at Para 5 31, Para 78 94 and Para

185, above is reiterated.

166. Para 3.45 to 3.49 In reply it is submitted that

officers serving in the MNS are officers of the regular Army

and hence the Army Act, 1950 and the Army Rules, 1954

applies to them in the same manner it applies to officers

from other cadres of the regular Army. The persons subject

to the Army Act, 1950 under Section 2(1)(a) of the Act can

only be retired from the regular Army under Rule 16A of the

Army Rules, 1954 as provided in Section 2(2) of the Act. That

the provisions of the Army Act, 1950 apply to the officers

serving in the MNS is an undeniable fact as the MNS has

been included in the arms and services/departments of the

regular Army given in Rule 16A of the Army Rules, 1954.

This leaves no manner of doubt that the officers serving in

the MNS are officers of the regular Army. The detailed

explanation is given in Para 5 31, above.

 215

The Para 234 of the RMSAF which states that Nursing Officer

will be subject the Army Act 1950 in so far as it has been

made applicable to them under the Indian Military Nursing

Service Ordinance, 1943; shall be considered as not in

conformity with the Statutory Law. Hence it is null and void,

and cannot bring the officers of the regular Army serving in

the MNS under the provisions of the IMNS Ordinance, 1943,

which remains impliedly repealed on the repeal of the Indian

Army Act, 1911. The non-statutory regulations shall be in

conformity with the statutory Rules. These regulations, being

non-statutory, are supplemental to the relevant statutory

provisions, wherever they exist, and do not supplant them.

The elaborate explanation given at Para 148, above is

reiterated.

167. Para 3.50 to 3.51 The averment made in Para are false and

misconceived and the same are denied. The officers serving

in the MNS are officers of the regular Army and hence the

Army Act, 1950 and the Army Rules, 1954 applies to them in
 216

the same manner it applies to officers from other cadres of

the regular Army. The officers in the MNS becomes subject to

the Army Act, 1950 under Section 2(1)(a) as officers of the

regular Army. The detailed explanation is given in Para 5

31. Further, the respondent is shying away from addressing

the question of name change of IMNS to MNS.

168. Para 3.52 In reply it is submitted that the Parliament repealed

the Indian Army Act, 1911 and enacted the Army Act, 1950,

which came in to force on 22.07.1950. The Indian Military

Nursing Service Ordinance, 1943 flows from the Indian Army

Act, 1911, which was repealed on the enactment of the Army

Act, 1950; and by this repeal the Indian Military Nursing

Service, 1943 was also impliedly repealed. Thereafter on

12.08.1950 the Respondent issued the Army Instruction

274/50, which laid down the Terms and Conditions of Service

for the Grant of Regular Commission in the Military Nursing

Service. On which the IMNS cease to exist in the Indian

Army as the members of the IMNS stood absorbed in the

 217

MNS. According to Para 2 (C) of Annexure 'A' to Army

Instruction No. 274 of 1950, Rank, Seniority and Promotions

(in the MNS) will be with retrospective effect from 15th

August 1947.

Therefore, the MNS came in to existence with retrospective

effect from 15.08.1947; by absorbing the members of the

IMNS as officers of the regular Army having given due

recognition for their existing Rank, Seniority and Promotions

(received in IMNS before 12th August 1950). In other words

IMNS physically ceased to exist as it got subsumed in the

MNS. The officer status granted under the Army Act, 1950 in

the regular Army had removed the restrictions on the

erstwhile members of IMNS imposed by the Section 4(1) of

the Indian Military Nursing Service Ordinance, 1943 (limiting

the liability of service only with the Army). The officers

serving in the MNS due to their commission in the regular

Army are liable for service in any part of the world along with
 218

Army, Navy or Air Force. Para 1 of Annexure A to Army

Instruction 274/50 which reads as under:

1. Liability for service Personnel granted regular

commissions in the MNS will be liable for service in, any

part of the world and in any branch of the Armed

Forces, i.e. Army, Navy or Air Force.

With the coming into force of the Army Act, 1950 and

issuance of Army Instruction 274/50, the members of the

IMNS previously governed by the IMNS Ordinance, 1943,

became officers of the regular Army serving in the MNS

governed by the provisions of the Army Act, 1950. The

service liability in the MNS as stated above is clearly different

from that of the erstwhile IMNS, but in conformity with the

definition of the regular Army as given in Section 3 (xxi) of

the Army Act, 1950 which reads as under:

Regular Army means officers, junior

commissioned officers, warrant officers, non-

 219

commissioned officers and other enrolled persons

who, by their commission, warrant, terms of

enrolment or otherwise, are liable to render

continuously for a term military service to the Union

in any part of the world, including persons

belonging to the Reserve Forces and the Territorial

Army when called out on permanent service;

The Army Instruction 274/50 dated 12 August 1950 made a

reference to the issue of a separate mess dress for the

officers in the MNS, due to the fact on that date the IMNS

physically ceased to exist in the Indian Army. And the MNS

being a new Service was necessary to be provided with the

new mess dress. Had there been no difference between the

status of the members of IMNS and officers in MNS, the

question of new mess dress would not have arisen. Further,

the fact of the matter is MNS was the only Arms/Service of

the regular Army which had women in employment at that

period. Due to the English culture prevalent in the Army in

 220

those days; the women were to be prescribed an appropriate

mess dress than from the trousers/coat style dress being

considered for the male officers of the Army.

The reference to no change in the terms and conditions of

service consequent to re-designation of rank of officers in

MNS commensurate with their status as officers of the

regular Army as mentioned in the Army Instructions 3 & 4/59

was because of the fact that the Terms and Conditions of

Service for the Grant of Regular Commission in the Military

Nursing Service was already laid down by the Army

Instruction 274/50 dated 12.8.1950. Further, the officers

serving in the MNS having been made officers of the regular

Army, under Army Act, 1950 and the Act applied to them

under Section 2(1)(a), no further change was to happen with

such re-designation in 1959.

169. Para 3.53 The averment made in Para are false

and misconceived and the same are denied. The officers

 221

serving in the MNS are officers of the regular Army and

hence the Army Act, 1950 and the Army Rules, 1954 applies

to them in the same manner it applies to officers from other

cadres of the regular Army. The officers in the MNS becomes

subject to the Army Act, 1950 under Section 2(1)(a) as

officers of the regular Army. Further, the persons subject to

the Army Act, 1950 under Section 2(1)(a) of the Act can only

be retired from the regular Army under Rule 16A of the

Army Rules, 1954 as provided in Section 2(2) of the Act. That

the provisions of the Army Act, 1950 apply to the officers

serving in the MNS is an undeniable fact as the MNS has

been included in the arms and services/departments of the

regular Army given in Rule 16A of the Army Rules, 1954.

This leaves no manner of doubt that the officers serving in

the MNS are officers of the regular Army. Therefore the Army

Act, 1950 applies to the women officers serving in MNS as

officers of the regular Army; under Section 2(1) (a) of the

Act.
 222

168. Para 3.54 The averment made in this Para are false and

misconceived and the same are denied. The women officers

serving in the MNS are commissioned under Section 10

subject to the provisions of the Section 16 and 17 of the

Army Act 1950. Further, the Army Act, 1950 applies to them

under Section 2(1) (a) of the Act. They by their commission,

are liable to render continuously for a term military service to

the Union in any part of the world, hence is part of the

regular Army under Section 3 (xxi). Additionally, they are

officers of the regular Army as defined in Section 3 (xviii) of

the Act. The Navy Act, 1957, Section 10 (2) laid down that

grant of the commission shall be notified in the Official

Gazette and such notification shall be conclusive proof of the

grant of such commission. The Indian Navy being part of the

Armed Forces of the Union is a Sister Service of the Indian

Army. Hence such notification issued in the Gazette of India

under regular Army in respect of the MNS officers shall be

considered as conclusive proof of such commission. The

 223

Army Act, 1950 applies to them under Section 2(1) (a) of the

Act as officers. Hence the Army Rules, 1954 made under

Section 191 of the automatically applies to them.

169. Para 3.55 Accepted as matter of facts.

170. Para 3.56 Accepted as matter of facts.

171. Para 3.57 The averment made in Para are false and

misconceived and the same are denied. The women

officers serving in the MNS are commissioned under Section

10 subject to the provisions of the Section 16 and 17 of the

Army Act 1950. Further, the persons subject to the Army Act,

1950 under Section 2(1)(a) of the Act can only be retired

from the regular Army under Rule 16A of the Army Rules,

1954 as provided in Section 2(2) of the Act. That the

provisions of the Army Act, 1950 apply to the officers serving

in the MNS is an undeniable fact as the MNS has been

included in the arms and services/departments of the regular

 224

Army given in Rule 16A of the Army Rules, 1954. This leaves

no manner of doubt that the officers serving in the MNS are

officers of the regular Army. Therefore the Army Act, 1950

applies to the women officers serving in MNS as officers of

the regular Army; under Section 2(1) (a) of the Act.

172. Para 3.58 Accepted as matter of facts.

173. Para 3.59 The averment made by respondent in this Para are

false and misconceived and the same are denied except no

such notification was required as they already exists. The

Section 12 of the Army Act, 1950 puts restrictions on the

enrolment or employment of females in the regular Army. It

laid down that no female shall be eligible for enrolment or

employment in the regular Army, except in such corps,

department, branch or other body forming part of, or

attached to any portion of, the regular Army as the Central

Government may, by notification in the official Gazette,

specify in this behalf. However such a Gazette notification

 225

was not required in the case of female officers serving in the

MNS; as immediately before commencement (22nd July 1950)

of the Army Act, 1950 they were serving in IMNS as part of

the Indian Army. Consequently, on subsuming the IMNS in

the MNS through the Army Instruction 274/50; the Rank,

Seniority and Promotions in MNS were granted with

retrospective effect from 15th August 1947 (Para 2 of

Annexure 'A' to Army Instruction No. 274 of 1950). The

Section 12 of the Army Act, 1950 limits only the subsequent

entry of females in to corps, departments, branches of the

regular Army which had no females employed on the

commencement of the Act.

The Parliament repealed the Indian Army Act, 1911 and

enacted the Army Act, 1950, which came in to force on

22.07.1950. The Indian Military Nursing Service Ordinance,

1943 flows from the Indian Army Act, 1911, which was

repealed on the enactment of the Army Act, 1950; and by

this repeal the Indian Military Nursing Service, 1943 was also
 226

impliedly repealed. Thereafter on 12.08.1950 the Respondent

issued the Army Instruction 274/50, which laid down the

Terms and Conditions of Service for the Grant of Regular

Commission in the Military Nursing Service. On which the

IMNS cease to exist in the Indian Army as the members of

the IMNS stood absorbed in the MNS. According to Para 2

(C) of Annexure 'A' to Army Instruction No. 274 of 1950,

Rank, Seniority and Promotions (in the MNS) will be with

retrospective effect from 15th August 1947. Further, the

women officers serving in the MNS are commissioned under

Section 10 subject to the provisions of the Section 16 and 17

of the Army Act 1950 and Rules 8 and 9 of the Army Rules,

1954.

174. Para 3.60 In reply it is submitted that the women officers

serving in the MNS are commissioned under Section 10

subject to the provisions of the Section 16 and 17 of the

Army Act 1950 and Rules 8 and 9 of the Army Rules, 1954.

Further, The Indian Military Nursing Service Ordinance, 1943

 227

flows from the Indian Army Act, 1911, which was repealed

on the enactment of the Army Act, 1950; and by this repeal

the Indian Military Nursing Service, 1943 was also impliedly

repealed. Further, on 12.08.1950 the Respondent issued the

Army Instruction 274/50, which laid down the Terms and

Conditions of Service for the Grant of Regular Commission in

the Military Nursing Service. On which the IMNS cease to

exist in the Indian Army as the members of the IMNS stood

absorbed in the MNS.

The officers serving in the MNS are officers of the regular

Army and hence the Army Act, 1950 and the Army Rules,

1954 applies to them in the same manner it applies to

officers from other cadres of the regular Army. The officers in

the MNS becomes subject to the Army Act, 1950 under

Section 2(1)(a) as officers of the regular Army. Further, the

persons subject to the Army Act, 1950 under Section 2(1)(a)

of the Act can only be retired from the regular Army under

Rule 16A of the Army Rules, 1954 as provided in Section 2(2)

 228

of the Act. That the provisions of the Army Act, 1950 apply to

the officers serving in the MNS is an undeniable fact as the

MNS has been included in the arms and

services/departments of the regular Army given in Rule 16A

of the Army Rules, 1954. This leaves no manner of doubt

that the officers serving in the MNS are officers of the regular

Army. Therefore the Army Act, 1950 applies to the women

officers serving in MNS as officers of the regular Army; under

Section 2(1) (a) of the Act. Hence, the officers in the MNS

are officers of the regular Army, they have powers like other

officers of the Army. The detailed explanation is given in Para

5 to 31, above.

The Military Nursing Service (India) Rules, 1944 is of no

relevance as it applies only to IMNS. Further, the parent Acts

from which the said Rules draws its force, namely the Indian

Army Act, 1911 and the Army Act both stood repealed on

the enactment of the Army Act, 1950.

 229

Further, it is again reiterated that the respondent is shying

away from addressing the question of change in name of an

organisation [ IMNS ] constituted by the statutory law made

by the Parliament to MNS without any amendment Act being

passed. It is a tacit admission by the respondents that the

MNS and IMNS are not the same and the later no longer

exists.

175. Para 3.61 The averment made by respondent in this Para are

false and misconceived and the same are denied. It is

submitted that The Section 4(1) of the IMNS Ordinance,

1943 had limited the service liability of the members of the

IMNS only with the personnel of the Army. However the

Government of India had created MNS by issuing the terms

and conditions of service of the officers in the MNS through

Army Instruction 274/50 dated 12.08.1950, and the erstwhile

IMNS was subsumed in the MNS. The Army Act, 1950 applied

to the officers in the MNS under Section 2(1)(a) of the Act.

The Para (1) of the said instructions removed the limitations

 230

put on the Nursing Officers by IMNS Ordinance, 1943. The

Nursing Officers in the MNS according to Para 1 of Army

Instruction 274/50 is now (12.8.1950) required to in any part

of the world and in any branch of the Armed Forces i.e.

Army, Navy or Air Force, This is indeed a complete change in

their status, terms and conditions.

176. Para 3.62 The averment made by respondent in

this Para are false and misconceived and the same are

denied. It is reiterated that the said bond for the Nursing

Cadets admitted for training in College of Nursing under the

Armed Forces Medical Services titled executed on behalf of

the President of India on one side and the Father or

Guardian of a selected candidate promises permanent

commission/short service commission as a nursing officer in

the regular Army on the successful completion of the

course. The women officers serving in the MNS are

accordingly commissioned under Section 10 of the Army Act

1950 subject to the provisions of the Section 16 and 17 of

 231

the Act and Rules 8 and 9 of the Army Rules, 1954. Further,

the persons subject to the Army Act, 1950 under Section

2(1)(a) of the Act can only be retired from the regular Army

under Rule 16A of the Army Rules, 1954 as provided in

Section 2(2) of the Act. That the provisions of the Army Act,

1950 apply to the officers serving in the MNS is an

undeniable fact as the MNS has been included in the arms

and services/departments of the regular Army given in Rule

16A of the Army Rules, 1954. This leaves no manner of

doubt that the officers serving in the MNS are officers of the

regular Army. Therefore the Army Act, 1950 applies to the

women officers serving in MNS as officers of the regular

Army; under Section 2(1) (a) of the Act.

Further, The Indian Military Nursing Service Ordinance, 1943

flows from the Indian Army Act, 1911, which was repealed

on the enactment of the Army Act, 1950; and by this repeal

the Indian Military Nursing Service, 1943 was also impliedly

repealed. Further, on 12.08.1950 the Respondent issued the

 232

Army Instruction 274/50, which laid down the Terms and

Conditions of Service for the Grant of Regular Commission in

the Military Nursing Service. On which the IMNS cease to

exist in the Indian Army as the members of the IMNS stood

absorbed in the MNS.

The Section 12 of the Army Act, 1950 puts restrictions on the

enrolment or employment of females in the regular Army. It

laid down that no female shall be eligible for enrolment or

employment in the regular Army, except in such corps,

department, branch or other body forming part of, or

attached to any portion of, the regular Army as the Central

Government may, by notification in the official Gazette,

specify in this behalf. However such Gazette a notification

was not required in the case of female officers serving in the

MNS; as immediately before commencement (22nd July 1950)

of the Army Act, 1950 they were serving in IMNS part of the

Indian Army. The Section 12 of the Army Act, 1950 limits

only the subsequent entry of females in to corps,

 233

departments, branches of the regular Army which had no

females employed on the commencement of the Act.

177. Para 3.63 The averment made by respondent in this Para are

false and misconceived and the same are denied. It is

humbly submitted that MNS is a separate body of persons

subject to the Act having a Major General ranked officers as

its head, employed on a Service and NOT attached to any of

the above corps or to any department listed at clause (a) to

(x) of Rule 187(1). Further, the relevant Para of 1962

Regulations for the Army refers to the MNS as a

Corps/Service of the regular Army. This was further

reinforced, when the COAS through the Army Orders 120/73

and 11/82 laid down the order of precedence of the Arms/

Services and Units of the Army. The Para 255 of the

Regulations for the Army, 1987 also refers to the MNS as a

Corps/Service of the regular Army. Further, the women

officers serving in the MNS are commissioned under Section

10 subject to the provisions of the Section 16 and 17 of the

 234

Army Act 1950 and Rules 8 and 9 of the Army Rules, 1954.

Hence, MNS is a Corps of the Regular Army under Section 3

(vi) of the Army Act, 1950 read with Rule 187(1)(y) of the

Army Rules, 1954.

The Indian Military Nursing Service Ordinance, 1943 flows

from the Indian Army Act, 1911, which was repealed on the

enactment of the Army Act, 1950; and by this repeal the

Indian Military Nursing Service, 1943 was also impliedly

repealed.

178. Para 3.63 No comments offered by respondent

179. Para 3.65 In reply it is submitted that the said "Regulations for

the Army" are issued under the authority of the Government

of India. At Para 2 of the preface it is stated that, the

Regulations for the Army is a comprehensive compilation

covering the salient aspects of administration of the Regular

Army. The regular Army includes the Army Reserve and the
 235

Territorial Army, when called out on permanent service along

with the Arms and all Services including MNS which are

permanently part of the regular Army. It is a false statement

that Defence Security Corps (DSC) is not part of the regular

Army. The DSC is listed as a Corps of the regular Army under

Rule 187 of the Army Rules, 1954, the relevant portion reads

as under:

187. Corps prescribed under section 3 (vi).

(1) Each of the following separate bodies of persons

subject to the Act shall be a corps for the purposes of

Chapter III and section 43(a) of the said Act and of

Chapters II and III of these rules, except rule 13,

namely:

(r) The Defence Security Corps.

180. Para3.66 3-67 Reply in the preceding paras are reiterated.

 236

181. Para 3.68 In reply it is submitted that when a non-statutory

regulation is not in conformity with the statutory laws and

statutory Rules it becomes invalid or has no effect. The non-

statutory regulations made by the Government shall be in

conformity with the statutory Rules. These regulations, being

non-statutory, are supplemental to the relevant statutory

provisions, wherever they exist, and do not supplant them.

The officers in the MNS becomes subject to the Army Act,

1950 through their commission as officers, which is under

Section 2(1) clause (a) of the Army Act, 1950. The petitioner

is begging this Honble Court to read the Paras 14 to 17

(brief facts), given above.

182. Para 3.69 3.71 The averments in this Para are false and

vehemently denied. The name of the force constituted by the

IMNS Ordinance, 1943, as given in the preamble, Section 1

and elsewhere in the Act, remains IMNS even today.

According to Section 1(2) of the said Ordinance, it applies to

members of the IMNS wherever they may be. No provision

 237

exists in this Act, to apply it to any other force raised and

maintained in India under the authority of the Government.

The Parliament did not make any amendment to this Act, to

change the name of the force constituted by the Ordinance

from IMNS to MNS. Therefore, the IMNS Ordinance, 1943

remains a special Act, which applied only to the members of

the IMNS. Hence, the IMNS Ordinance, 1943 cannot be

applied to the MNS. Neither the Army Act, 1950 nor the

Army Rules, 1954 mention the name of IMNS anywhere in it

(as it became redundant after the creation of the MNS). To

change the name of any organization or force or even a

change in the designation of a post mentioned in an Act of

the Parliament, an amendment Act shall be passed in the

Parliament. For example, the Commander-in-Chief (Change

in Designation) Act of 1955 was passed by the Parliament to

change the designation of the Army Chief from Commander-

in-Chief, Indian Army to Chief of the Army Staff. Similarly,

Article 312 (2) of the Constitution of India shall be amended

 238

through an amendment Act to change the name of the

Indian Administrative Service or the Indian Police Service.

183. Para 3.72 It is humbly submitted that the Section 2 of the

Army Act, 1950 describes the person subject to the Act. The

officers in the MNS becomes subject to the Army Act, 1950

through their commission as officers, which is under Sub-

Section (1) clause (a); and cannot be under any other clause

listed at (b) to (i) as elaborated earlier. Further, according to

the Section 2(2) of the Army Act, 1950, the Persons subject

to the Act under Section 2 (1) clause (a) to (i) shall remains

so subject until duly retired, discharged, released, removed,

dismissed or cashiered from the service. The Rule 16A of

the Army Rules, 1954 had laid down the provision for

retirement of officers; to free them from being subject to

the Army Act, 1950 under Section 2(1)(a) in the manner

provided in Section 2 (2) of the Act. The said Rules have

listed the MNS among the Specialist Cadres or Services of

the Regular Army. This leaves no manner of doubt that the

 239

Army Act, 1950 applies to the officers in the MNS under

Section 2(1)(a) of the Act. Further, the Section 4 of the Act

does not apply to the persons who are subject to the Act

under Section 2.

184. Para 3.73 3-79 In reply it is submitted that women officers

serving in the MNS are commissioned under Section 10

subject to the provisions of the Section 16 and 17 of the

Army Act 1950. Further, the Army Act, 1950 applies to them

under Section 2(1) (a) of the Act. Hence the comparison

made to other armies are very much relevant and before

making any changes to their status, the position of the

nursing officers as commissioned officers equal in rank and

status ought to be considered.

185. Para 3.80 The averments made in this para are

false and are denied. The officers serving in the MNS are

commissioned under Section 10 subject to the provisions of

the Section 16 and 17 of the Army Act 1950. Further, the

 240

Army Act, 1950 applies to them under Section 2(1) (a) of the

Act. Further, the persons subject to the Army Act, 1950

under Section 2(1)(a) of the Act can only be retired from the

regular Army under Rule 16A of the Army Rules, 1954 as

provided in Section 2(2) of the Act. That the provisions of the

Army Act, 1950 apply to the officers serving in the MNS is an

undeniable fact as the MNS has been included in the arms

and services/departments of the regular Army given in Rule

16A of the Army Rules, 1954. This leaves no manner of

doubt that the officers serving in the MNS are officers of the

regular Army. Therefore the Army Act, 1950 applies to the

women officers serving in MNS as officers of the regular

Army; under Section 2(1) (a) of the Act.

Further, the name of the force constituted by the IMNS

Ordinance, 1943 as given in the preamble, Section 1 and

elsewhere in the Act, remains IMNS even today. The

Parliament did not make any amendment to this Act, to

change the name of the force constituted by the Ordinance

 241

from IMNS to MNS. Therefore, the IMNS Ordinance, 1943

remains a special Act, which applied only to the members of

the IMNS. Hence, the IMNS Ordinance, 1943 cannot be

applied to the MNS. Neither the Army Act, 1950 nor the

Army Rules, 1954 mention the name of IMNS or MNS (India)

anywhere in it (as it became redundant after the creation of

the MNS).

186. Para 3.81 The reply of the respondent is denied.

187. Para 3.82 3.83 The averments in this Para are false and

misconceived and are denied. Reply to the same are already

elaborated earlier.

188. Para 3.84 The averments in this Para are false and are denied.

The detailed justifications are as given in Para 63 67,

above.
 242

189. Para 3.85 The averments in this Para are false and

misconceived and are denied. The details of the fraud being

committed by the army is given at Para 60 62, above.

190. Para 3.86 Matter of record.

191. Para 3.87 88 The reply given to the preliminary submissions

are repeated.

192. Para 3.89 In reply it is submitted that women officers serving

in the MNS are commissioned under Section 10 subject to the

provisions of the Section 16 and 17 of the Army Act 1950.

Further, the Army Act, 1950 applies to them under Section

2(1) (a) of the Act. Further, the persons subject to the Army

Act, 1950 under Section 2(1)(a) of the Act can only be

retired from the regular Army under Rule 16A of the Army

Rules, 1954 as provided in Section 2(2) of the Act. That the

provisions of the Army Act, 1950 apply to the officers serving

in the MNS is an undeniable fact as the MNS has been

 243

included in the arms and services/departments of the regular

Army given in Rule 16A of the Army Rules, 1954. This leaves

no manner of doubt that the officers serving in the MNS are

officers of the regular Army. Therefore the Army Act, 1950

applies to the women officers serving in MNS as officers of

the regular Army; under Section 2(1) (a) of the Act. Hence,

the position and status of nursing officers in other armies are

also very much the same. The plan of the respondent to

down grade the status and position of the nursing officers as

being commissioned officers of the regular Army to auxiliary

forces is due to back ward and despicable notion of the Army

authorities that the nursing is an inferior profession. The

world will look down upon India, if the rights of these hapless

women are trampled due to the untouchability in Indian

Army.

193. Para 3.90-3.92 The contents of the Paras denied by the

respondent is again reiterated.

 244

194. Para 4-5 Need no reply being formal paras

 245

PRAYER

In view of the preceding paras, it is therefore prayed that the writ

petition may be allowed.

DEPONENT

VERIFICATION

Verified at New Delhi on this .. day of 2017, that the

contents of the foregoing affidavit are true to the best of my

knowledge derived from and are based on the available records and

nothing is false and no material has been concealed therein.

DEPONENT
 246

Annexure R-1

TRUE TYPED COPY

Maj Saroja Kumari Felicitated

Major Saroja Kuari J who did the nation proud by winning India's first

gold medal in a women's event at the Commonwealth Games 2006

was felicitated by Lt Gen OP Nandrajog, GOC-in-C. Central Command,

Maj Saroja was commissioned on June 9, 1990 into the Military

Nursing Service (MNS) from College of Nursing. AFMC Pune. Her first

step towards an illustrious shooting career was duing the Initial

Nursing Officers Course (INOC) where she was adjudged the Best Shot

in 1991. After that there was no looking back.

Li Gen OP Nandra jog being shown the Gold Medal won by Maj Saroja

Kumari J

-Dr KA Sagar

Sainik Samachar, September 16-30, 2006

 247

Annexure R-2

TRUE TYPED COPY extracted from

Military Law, Officer Training School AMC

Centre & School Lucknow, PSR May 2003

MILITARY NURSING SERVICE ORDINANCE 1943 [ORDINANCE XXX of

1943]

WHEREAS: an emergency has arisen which makes it necessary to

provide for the constitution of a force to be called the Military Nursing

Service as a part of the armed forces of the Union.

NOW, therefore, in exercise of the powers conferred by section 72 of

the Government of India Act. As set out in the Ninth Schedule to the

Government of India Act, 1935. The Governor General is pleased to

make and promulgate the following Ordinance:-

 248

1. Short Title Application and Commencement:- This ordinance may

be called THE INDIAN MILITARY NURSING SERVICE

ORDINANCE, 1943. It applies to members of the Military Nursing

Services wherever they may be. It shall come into force at once.

2. Definition:- In this Ordinance, unless there is anything repugnant

in the subject or context:-

(a) "Prescribed' means prescribed by rules made under

this Ordinance.

(b)"Regulations" means regulations made under this

Ordinance.

3. Constitution of Military Nursing Service:- There shall be raised

and maintained, in the manner hereinafter provided, as part of

the armed forces of the Union and for service with the Military

forces an auxiliary force which shall be designed the Military

Nursing Service.
 249

4. Liability of service of members of Military Nursing Service:- The

members of the Military Nursing Service shall be liable for

service only with forces and persons subject to the Army Act.

1950.

5. Members to be of commissioned rank:- All members of the

Military Nursing Service shall be of commissioned rank and shall

be appointed as officers of the Military Nursing Service by the

Central Government by notification in the Official Gazette.

6. Eligibility for appointment:- Any citizen of India if a woman and

above the age of twenty one, shall be eligible for appointment as

an officer in the Military Nursing Services and, if she satisfies the

prescribed conditions, may be appointed thereto in the manner

laid down in Sec 5. Every person so appointed shall be subject to

this Ordinance and to the rules and regulations made

thereunder.
 250

7. Dismissal from Military Nursing Service:- The Central

Government, or an authority empowered by the Central

Government in this behalf, or the Chief of the Army Staff may

dismiss any officer from the Military Nursing Service.

8. Liability to undergo training and perform duties:- Subject to the

provisions of this Ordinance, a member of the Military Nursing

Service shall be bound to undergo such training and in such

manner and to perform such duties in connection with Military

Forces as may be laid down by regulations.

9. Application of Army Act and Indian Army Act. 1911:- Provision of

the Army Act 1911, shall to such extent and subject to such

adaptations and modifications as may be prescribed, apply to

members of the Military Nursing Service as they apply to Indian

commissioned officers unless they are clearly inapplicable to

women.
 251

10. Power to make rules:- (a) The Central Government may by

notification in the Official Gazette make rules to carry out the

purposes of this Ordinance. (b) In particular and without

prejudice to the generality of the foregoing power, rules may be

made under this section:-

(i) Providing for the medical examination of persons

offering themselves for appointment in the Military

Nursing Service.

(b) Providing for any matter which under this Ordinance is to be

or may be prescribed.

11. Power to make regulations:- The Chief of the Army Staff may

make regulations consistent with this Ordinance and the rules

made thereunder, providing for all matters to be laid down by

regulations, and generally for all details connected with the

organisation, pay, allowances, duties, discipline, training.

clothing, equipment and leave of members of the Military

Nursing Service.
 252

Annexure R-3

TRUE TYPED COPY

CASE NO.: Transfer Case (civil) 38 of 2002

PETITIONER: Jasbir Kaur & Ors.

RESPONDENT: Union of India & Ors.

DATE OF JUDGMENT: 13/11/2003

BENCH:

K.G.Balakrishnan & B.N.Srikrishna

JUDGMENT

With

Transfer Case (C) Nos.39-42 of 2002

Transfer Case (C) No.46 of 2002,

Transfer Case(C) Nos.54-56 of 2002,

 253

Transfer Case(C) No.70 of 2002,

Special Leave Petition (Civil) Nos.12904-12909 of 2002,

Special Leave Petition (Civil) No.14275 of 2002 and

Special Leave Petition (Civil) Nos.14487 of 2002,

SRIKRISHNA, J.

The only issue thrown up by this group of cases is : 'What should be

the uniform to be worn by members of the Military Nursing Services?'

Persistence of parties and ingenuity of counsel have succeeded in

giving a constitutional moment to an issue which is but an one of

administration of an auxiliary branch of the Armed Services.

A force called Indian Military Nursing Service was constituted as part of

the armed forces of the Union of India by Ordinance No.XXX of 1943

titled The Indian Military Nursing Service Ordinance, 1943, which was

brought into force on 15th September, 1943. Section 3 of the said

Ordinance declares that there shall be raised and maintained in the

manner provided in the Ordinance "as part of the armed forces of the

Union and for service with the Indian Military forces" an auxiliary force
 254

which shall be designated as Indian Military Nursing Service. The

Ordinance prescribes the conditions of eligibility for appointment in

section 6.

Section 9 of the Ordinance provides that the provisions of the Indian

Army Act, 1911 shall, to such extent and subject to such adaptations

and modifications as may be prescribed, apply to members of the

Indian Military Nursing Service as they apply to Indian commissioned

officers, unless they are clearly inapplicable to women.

Section 10 of the said Ordinance empowers the Central Government to

make Rules to carry out the purposes of the ordinance and section 11

vests in The Chief of the Army Staff the power to make regulations

providing for all matters to be laid down and generally for all detail

connected with the organisation, pay allowances, duties, discipline,

training, clothing, equipment and leave of members of the Indian

Military Nursing Service.

 255

In exercise of the powers vested in him The Chief of Army Staff

prescribed the appropriate uniform to be worn by the members of the

Indian Military Nursing Service. The prescribed uniforms were

changed from time to time taking into account the advice of special

committees appointed by The Chief of the Army Staff to periodically

review the issue.

Despite the fact that the Indian Military Nursing Service (hereinafter

called as 'IMNS') has been made an auxiliary force, the members of

this service are not subject to all the provisions of the Army Act and

have been treated separately while being part of the Indian Army.

By an order dated 25.1.2000 the Additional Director General of Military

Nursing Service issued a Dress Code for members of IMNS prescribing

the Dress Code for different purposes. We are not concerned with the

details of the prescribed uniforms for that in no way affects the legal

issue sought to be canvassed before the Court. Nor are we really

concerned with the reasons which impelled the appropriate authority

to prescribe any particular dress as the uniform to be worn by the

members of the IMNS. However, it appears that a number of problems

 256

were faced in the hospital environment in the wake of the dress code

issued by the letter dated 25.1.2000. These problems were brought to

the notice of Medical Services Advisory Committee. With an intent to

solve these problems, which pertained to patient care related issues, a

decision was taken to modify the dress code by an order issued on

11.9.2001. The said order was challenged by members of IMNS by

different writ petitions before several High Courts, inter alia, on

grounds of violation of the Fundamental Rights under Articles 14 and

21 of the Constitution. The Bombay, Allahabad and Karnataka High

Courts dismissed such writ petitions on the ground that no issue

pertaining to Fundamental Rights arose and observing that the issue of

prescribing uniform for the IMNS was a matter well within the

competence of the military authorities.

Some other High Courts in the meanwhile admitted similar writ

petitions and issued interim orders. Special leave petitions were

moved against the decisions of the Allahabad, Bombay and Karnataka

High Courts in this Court. To avoid inconsistency in judicial decisions,

this Court admitted the special leave petitions and also transferred all
 257

the pending writ petitions to itself by an order made on 28.1.2002 in

Transfer Petition (C) Nos.851-857 of 2001, which reads as follows:

"We have heard learned counsel for the parties. The writ

petitions mentioned in prayer column of these petitions,

in our opinion, involves substantial question of law.

Therefore, it is just necessary this issue should be decided

by a single court. Taking into consideration the importance

of the issue, we think it appropriate that these petitions

should stand transferred to this court for disposal in

accordance with law. It is so transferred.

It is pointed out that some of the High Courts have issued

interim orders in favour of the petitioners. If it is so, those

interim orders will continue until further orders of this

Court.

Accordingly, these petitions are allowed. The writ petitions

stand transferred to this Court.

Liberty to file additional documents."

 258

When these petitions came up for hearing on 6th May, 2002 it was

represented to this Court that the Union of India wanted to appoint a

Review Committee to consider the question of uniform to be worn by

the nurses in the Army. This Court made the following order:

"Upon hearing counsels the Court made the following

order:

There shall be an interim order maintaining status quo in

regard to the uniform of Nurses concerned in these

petitions. Uniform they are wearing as on today shall be

continued to be worn. If by virtue of interim orders of the

High Court or otherwise at different places different

uniforms are being worn, same shall continue till the

disposal of these petitions.

List these matters for final disposal in the month of

September 2002. In the mean time if the Union of India

wants to appoint a review committee to consider the

 259

question of uniform to be worn by the Nurses in the Army,

they are free to do so and report to this Court."

The Union of India thereafter constituted a Committee known as

'Military Nursing Service Dress Review Committee' which was

composed of the Director General of Medical Services (Army), as the

Chairman, and representatives from the Director General of Armed

Forces Medical Service, representative from DGMS (Army),

representative from DGMS (Navy), representative from DGMS (Air

Force), Dy. Judge Advocate General and ADG Military Nursing service

as members. The terms of reference of this Committee were the

following:

"Terms of Reference

1. To carry out a comprehensive review of the MNS

Dress Code from its inception to the present dress code as

promulgated vide army HQ letter Nos:

(a) B/70001/DGMS-4A dt. 25 Jan 2000

 260

(b) B/42706/AGREEMENT/CW-1 dated 11 September

2001 as amended vide our letter No. B/42706/AGREEMENT

/CW-1 dated 25 October 2001

2. To Ascertain and deliberate upon various issues

raised by MNS against the existing dress code so

promulgated and analyse the cause of objection to the

same including the issue of dress violations.

3. To go into all the issues involved and suggest a

dress code, whether it be the existing dress duly modified,

or a new dress code. The dress code so recommended

should be befitting, serve functional requirement and be in

keeping with the ethos and requirement of the Medical

Services.

4. To ensure that the dress code so recommended

facilitates the efficient discharge of the primary duty of the

MNS staff which is of patient care and efficient

management of patient wards.

 261

5. In consonance with the directions of the Court it is

to be ensured that there is a clear difference and

distinction in terms of dress between the doctors and the

nurses.

6. To go into the universality of dresses as worn by

nursing staff in other major civil hospitals, para military

hospitals and where possible nursing staff of foreign

armies to draw suitable parallels to help evolve a befitting

dress code.

7. While making its recommendations on the dress

code the issue of any expenditure and its financial

implications thereto should be borne in mind and

recommendations made thereto.

8. The Committee will also lay down the channel of

promulgation of the new dress code including the

recommended time frame for its implementation."

 262

The Dress Review Committee held its deliberations on 8th and 9th July

2002 and made a report. Though Major General P.K. Sethi, Addl

DGMNS and Brig.(Mrs.) Usha Sikdar, DDMNS Central Command, were

members of the Committee, they expressed their reservations with

regard to the report and gave dissenting notes.

The Dress Review Committee went into the historical background of

the constitution of the Military Nursing Service as a separate cadre, the

applicable dress regulations for the different services and the

problems faced in the hospital environment, which were brought to its

notice. It also took into account a number of objections made by the

IMNS questioning the rationality and validity of the 11th September

2000 order. The Dress Review Committee meticulously considered the

objections and having considered various options found in favour of

the Safari Suit of soothing colour (Beige colour) in suitable fabric with

badges of rank on shoulders to meet the seasonable requirements of

summer and winter, as the best available option. It also

recommended that the change over should be effected within a time

frame of three months and that the cost of the recommended dress
 263

should be borne by the Government as one time measure in the form

of an 'outfit allowance' by obtaining necessary sanction from the

competent authority.

A copy of the Dress Review Committee report has been placed on the

record before us and learned counsel have taken us through it.

Learned counsel, Mr. R. Venkataramani and Mr. M.N. Krishnamani,

appearing for petitioners in different cases, basically urge two

contentions. They contend that the prescribed uniform violates

Articles 14 and 21 of the Constitution. When it was pointed out to the

learned counsel that there was no question of Article 21 being

considered unless they were able to demonstrate that the prescribed

uniform was outrageous of modesty and dignity of womanhood or that

it was so inconvenient as not to bear the onslaughts of nature, both

learned counsel did not press the contentions based on Article 21.

They however, contended that Article 14 was violated as the uniform

was intended to discriminate against the members of the IMNS by

making them out to be a separate class.

 264

In our view, the contention is entirely misconceived and unfounded.

That the Indian Military Nursing Service is a separate class, sui

generis, even though an auxiliary force of the Indian Military, is an

undeniable fact. The historical background in which this force was

established and the legal provisions applicable to it leave no manner of

doubt that notwithstanding that it is a part of the Indian Army, IMNS

is a distinct but separate class by itself. In any event, whether any

part of the military services should have any uniform, and, if so, what

should be the uniform, is an issue entirely within the province of The

Chief of Army Staff by reason of Army Act, the Indian Military Nursing

Act and the Regulations made by the Chief of Army Staff by the

powers derivable therefrom. We see no scope for application of Article

14 in such matters, nor is any case made out therefor.

A major grievance made on behalf of the petitioners was that no heed

was paid to their objections before the Dress Code was finally decided.

Even if true, the contention has lost its force presently. When taken

through the Dress Review Committee's Report by the learned

Additional Solicitor General, we noticed that the said Committee has

 265

meticulously applied its mind to several objections raised by the

representatives of the IMNS. Each objection has been carefully

examined and appropriate recommendation has been made by the

review committee.

Apart from affording an opportunity of putting forth their views in the

matter, the members of IMNS could not have asked for anything

higher. Each grievance has been carefully considered and addressed

by the Dress Review Committee, and it is for the army authorities to

take appropriate decision. A decision such as the one challenged

before us can hardly be faulted unless on the ground of Wednesbury

principle of rationality. In our view there is no such irrationality in the

decision of the Army Act which requires us to interfere in exercise of

our constitutional powers. The petitions have no merit and are liable to

fail.

The members of the IMNS have the glorious role model of the 'Lady

with the Lamp', Florence Nightingale, who went around on the battle

field, caring more for the patients than for her own life. We hope that
 266

the shining example of the Lady with the Lamp shall continue to be

emulated by the members of the Indian Military Nursing Service.

All the petitions dismissed. Interim orders vacated. The respondents

are at liberty to take any appropriate decision.

There shall be no order as to costs.

 267

Annexure R-4

TRUE TYPED COPY

B/42127/AG/CW-1 30 April 04

ARMY HEADQUARTERS AG/CW-1

FLYING OF CAR FLAGS & DISPLAY OF STAR PLATES NURSING

OFFICERS

1. Reference your note no. B/71410/DGMS-3A dated 08 Sep 08.

2. Regulations for Army para 773 only lays down the shape/colour

of Car Flags and Star Plates to be displayed according to appoint

of the officer AO 46/87, para 1 gives out the entitlement to fly a

car flag by officers of the Army AO 46/87, para 10 and also RA

Para 774 gives out star plates to be displayed in accordance with

the rank of the officer.

3. The Indian Military Nursing Officers are not covered under the

definition of Officer as given in AA 3 (XVIII) Army Act 1950.

The Military Nursing Service was raised vide Indian Military

 268

Nursing Ordinance 1943, in that MNS officers are appointed as

officers of Indian Military Nursing Service.

4. In view of the above, under the provisions of existing Army

Orders/ Regulations for the Army, Nursing Officers are not

authorized to fly flags or display star plates.

Sd/-

(Brijendra

Singh)

Brig

DDG(Cer)

DGMS-3A

Copy to:

SO to DGMS (Army): for info of DGMS (Army) w.r.t. note No. 2094/

Gen/DGMS (Army) dated 06 Apr 04.

 269

Annexure R-5

TRUE TYPED COPY

IN THE ARMED FORCES TRIBUNAL, PRINCIPAL BENCH AT

NEW DELHI

T.A. No. 211/2010

[W.P. (C) No. 4485/05 of Delhi High Court]

Maj Gen Mrs. Usha Sikdar Petitioner

Versus

Union of India & Ors. Respondents

For petitioner Sh.P.D.P. Deo, Advocate.

For respondents: Col. (Retd.) R. Balasubramanian, Advocate.

CORAM:

HONBLE MR. JUSTICE A.K. MATHUR, CHAIRPERSON.

HONBLE LT. GEN. M.L. NAIDU, MEMBER. ORDER 30.03.2010

1. The present petition has been transferred from Honble Delhi

 270

High Court to this Tribunal on its formation.

2. Petitioner by this petition has prayed that respondents 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 Regulations of the Indian Armed Forces. She also prayed

that respondents may be directed to restore all the privileges

enshrined in the Army Act, Army Rules, and Army

Order/Regulation for the Army as applicable to various rank. It is

also prayed that respondents may be directed to allow her and

all Brigadiers of the Military Nursing Services to use star plates

and flag on their official vehicle corresponding to their ranks

when using the official staff car while in service which is

authorised to them as per the rules and regulations of the Indian

Armed Forces.

3. Brief facts which are relevant for the disposal of Present petition

are that petitioner was commissioned/appointed as Lieutenant in

 271

the Military Nursing Services (in short MNS) on She was

appointed under the authority of President of India and same

was presented in the Gazette of India dated 24.07.1968. She

continued to serve in Armed Forces and with passage of time

she reached to the position of Major General on 01.07.2003 and

she was appointed as Additional Director General of Military

Nursing Services (in short ADGMNS). On her promotion as Major

General and appointed as ADGMNS, she made her official tour to

Indian Naval Hospital Ship (in short INHS), Asvini, Mumbai. The

visit was carried out on 17th and 18th August, 2003. During visit

to INHS, Asvini, Mumbai, she was humiliated and insulted by the

Commanding Officer of the hospital, Rear Admiral V.K. Singh by

unceremoniously denying her authorised staff car i.e. A car with

star plate signifying her rank and a flag signifying her

appointment. The matter was reported to the DGAFMS and

DGMS(Army) immediately after the conclusion of her visit and

representation was put up to the DGAFMS and senior Colonel

Commandant, Army Headquarters vide letter dated 05.09.2003

but no reply has been given to her representation. The Adjutant

 272

Generals Branch, Army Headquarters issued a letter dated

28.04.2004, labelling unfounded and baseless allegations made

by her, in addition to that she was warned without any statutory

authority, not to display stars and fly flag on her official vehicle

which is entitled to her being a commissioned officer. She had no

other option than to implement the directions of Adjutant

Generals Branch and she had to discontinue displaying star

plates and flag on her official vehicle. As a sequel to this

harassment, Adjutant Generals Branch again issued a letter on

30.04.2004 and disseminated the same to all concerned unit.

The highlights of the order issued by the Adjutant Generals

Branch are that Indian Military Nursing Officers are not covered

under the definition of Officer as given in Section of Army Act

3(xvill) Army Act, 1950 and it is also mentioned that MNS was

raised vide Indian Military Nursing Ordinance 1943, in that, MNS

officers are appointed as officers of Indian Military Nursing

Service implying that officers of MNS are not part of the Armed

Forces/Regular Army and therefore, not at par with rest of the

officers of the Indian Army and it was finally ordered that under
 273

the provisions of existing Army orders/Regulations for the Army,

Nursing officers are not authorized to fly flags or display star

plates. Aggrieved by this discrimination and denying the status

of officers of Indian Army 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 arbitrarily withdrawn would be

restored. However, the assurance given by the Chief of Army

Staff was not adhered to. Petitioner again filed representation to

the Chief of Army Staff on 30.06.2004 drawing his attention to

his assurances. Ultimately, having failed at all levels, she was

driven to file the present writ petition before the Hon'ble Delhi

High Court with aforesaid reliefs and the same was transferred

to this Tribunal on its formation.

4. A reply was filed by the respondents and respondents took the

position that petitioner was not recruited under Army Act and

Rules and she has been recruited under Indian Military Nursing

Ordinance 1943 and she cannot be treated to be part of Regular

 274

Army, As such she cannot be considered at par with officers who

are regularly recruited under Army Act. Specially learned counsel

for respondents has drawn our attention to definition of officers

given in Section of Army Act 3(XVIII) Army Act, 1950.

5. We have heard learned counsel for the parties and bestowed our

best of consideration.

6. Petitioner was recruited under the Indian Military Nursing

Ordinance, 1943. The Ordinance was issued in exercise of power

conferred by section 72 of the Government of India Act, 1935

and this Ordinance still holds field till date. Section 3 lays down

the Constitution of the Indian Military Nursing Service which

reads as under:

3. Constitution of Indian Military Nursing Service,- (1)

there shall be raised and maintained, in the manner

hereinafter provided, as part of the armed forces of the $$

(Union) and for service with @@@ (the Indian) Military

 275

forces an auxiliary force which shall be desiqnated the

Military Nursing Services (India).

7. As per Section 3 the force recruited under the Military Nursing

Service shall be part of the Armed Forces and it is an auxiliary

force, which shall be designated the Military Nursing Services

India).

8. Section 5 says about the members of commissioned Rank which

reads as under:

5. Members to be of commissioned rankAll

Members of the $ (Indian Military Nursing Service) shall be

of commissioned rank and shall be appointed as officers of

the $ (Indian Military Nursing Service) by the Central

Government by notification in the Official Gazette.

9. Section 9 says about application of Indian Army Act, 1911 to

members of Indian Military Nursing Service which reads as

under:-
 276

9. Application of Army Act and Indian Army Act, 1911, to

members of Indian Military Nursing, to members of Indian

Military Nursing Service.(1) The provisions of the Indian

Army Act, 1911, shall, to such extent and subject to such

adaptations and modifications as may be prescribed, apply

to members of the Indian Military Nursing Service as they

apply to Indian commissioned officers, unless they are

clearly inapplicable to women.

10. Section 10 provides empowers the Central Government to frame

rules to carry out the purposes of this Ordinance and Section 11

further empowers the Chief of Army Staff to make regulations

consistent with this Ordinance and the rules made thereunder,

providing for all matters to be laid down by regulations, and

generally for all details connected with the organisation, pay,

allowances, duties, discipline, training, clothing, equipment and

leave of members of the Indian Military Nursing Service.

 277

11. In exercise of power under section 10, Military Nursing Service

(India) Rules, 1944 were framed. In that the definition given in

Rule 2 (c) says the appropriate Act means in relation to an

officer of the Nursing Services the Act, whether the Army Act

(44 & 45 Viet. C. 58) or the Indian Army Act, 1911 (VIII of

1911), as applicable to her by virtue of section 9 of the

Ordinance and These Rules. The expression Commanding

Officer in the provisions of the appropriate Act relating to

courts-martial and to the powers of a Commanding Officer and

in these Rules means the military officer in command of the

hospital or other unit in which she is serving or to which she is

attached. The expression "regimental in the Army Act and in

these Rules means connected with the Nursing Services or any

corps or other sub-division thereof.

12. Rule 3 reads application of appropriate Acs. It is relevant for all

purposes which read as under:

 278

3. Application of appropriate ActIn so far as they are

capable of such application but subject to the provisions of

these Rules

The provisions of the Indian Army Act, 1911, shall apply to

officers of the Nursing Services mentioned in Sub-section

(1) of section 9 of the Ordinance, as if they were Indian

commissioned officers, and The provisions of the Army Act

shall apply to officers of the Nursing Services mentioned in

Sub-section (2) of the said section, as if they were officers

of the Regular Forces;

And reference in the said Acts to military ranks shall, in relation

to the Nursing Services, be construed as references to the

corresponding ranks laid down in the Regulations made under

the Ordinance for officers of the Nursing Services.

13. So far as application of appropriate Act is concerned, the

provisions of the Indian Army Act, 1911 shall apply to the

officers of the Nursing Services mentioned in sub-section (1) of

 279

Section 9 of the Ordinance, as if they were Indian commissioned

officers and the provisions of the Army Act shall apply to officers

of the Nursing Services mentioned in Sub-section (2) of the said

section, as if they were officers of the Regular Forces.

14. Rule 5 says about modification of the Army Act. It says the

provisions of sections 4 to 41 of the Army Act, only sections 15

and 40 shall apply to offences committed by officers of the

Nursing Services referred to in sub-section (2) of section 9 of the

Ordinance and those sections shall have effect in relation to such

offences as if they were modified as follows:-

(i) Section 15"An officer who absents herself without

leave commits an offence against this Act.

15. Further procedure has been given how the punishment can be

awarded and about summary of punishment and courts martial.

16. In this background the recruitment of the nursing staff is

undertaken and by virtue of provisions of the Ordinance, 1943

and rules framed thereunder. One important aspect emerges is

 280

that Military Nursing Services are part of the Indian Armed

Forces and has to be construed as an auxiliary force of the

Indian Armed Forces and they are fictionally treated as an Indian

commissioned officers and they are also treated as part of the

regular forces. From this, what emerges is that they will have

the same status and same entitlements as is applicable to the

officers of the Indian Armed Forces. Now, this is amply clear by

the various orders issued from time to time i.e. With regard to

relative Rank mentioned in clause (b) of para 733 of Chapter

XVII of Regulations for the Army and same reads as under:

"Women officers serving in the Army Medical Corps

and. Officers in the Military Nursing Service will rank

equally/ with male officers of the same titular rank

e.g., a captain (woman officer) in the Army Medical

Corps, will rank equally with a captain in the Artillery

or Engineers.

17. Similarly is the Army Order 353/73 under the heading of

Saluting MNS Officers. The relevant portion reads as under

 281

AO 353/73 SalutingMNS Officers

Military Nursing Service Officers are required

to salute and are entitled to salutes in the

same manner as other commissioned officers.

18. Similarly with regard to the use of National Flag, this has been

given as per the ranks of the officers and same will be applicable

to the petitioner also who has equivalent rank to the members of

the Indian Army.

19. From these provisions of the Acts, Rules and the Military Orders

issued from time to time leave no manner of doubt. Though

petitioner was recruited as per Indian Military Nursing

Ordinance, 1943, she is members of the Military Nursing Service

which is an "auxiliary force" and part of the Indian Armed Forces

and she has also been equated with the same rank and as per

the rank she is authorised to all entitlements which are

admissible to regularly recruited commissioned officers of the

 282

Armed Forces.

20. Learned counsel for the respondents has seriously contested the

position and submitted that despite all this, petitioner was not

recruited under the Army Act, 1950 and she cannot be treated to

be an officer as defined under Section of Army Act 3 (XVIII).

Section of Army Act 3 (XVIII) defines officers which reads as

under:

Officer means a person commissioned, gazetted or

in Pay as an officer in the Regular Army, and

includes:-

a) An officer of the Indian Reserve forces.

b) An office holding a commission in the Territorial

Army granted by the President with designation

of rank corresponding to that of an officer of the

Regular Army who is for the time being subject to

this Act.

c) An officer of the Army in India Reserve of Officers

 283

who is for the time being subject to this Act;

d) An officer of the Indian Regular Reserve of

Officers who is for the time being subject to this

Act.

e) (Omitted)

f) In relation to a person subject to this Act when

serving under such conditions as may be

prescribed an officer of the Navy or Air Force."

21. It is true that the petitioner was not recruited under the Army

Act, 1950 but she was recruited under Military Nursing

Ordinance, 1943 and as per the provisions of the Ordinance as

well as the rules, she has been fictionally treated as regular

member of the Indian Armed Forces, though she was not

recruited directly under the Army Act, 1950 and rules framed

thereunder. But for all purposes she will be treated as a regular

member of the Indian Armed Forces and she will be authorised

to the entitlements which are commensurate to the concerned

rank. Simply by a technical objection as per Section of Army Act

 284

3 (XVIII), she cannot be treated not to be a part of Indian

Armed 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 she does not fall in Section of Army Act 3 (XVIII)

makes no difference. Once she has been given a status of

regularly recruited officers of Indian Army and she has been

specifically as per Rule 3 given the status of Indian

commissioned officer and officers of the regular force, practically

she falls under the extended definition of an officer of the Indian

Armed Forces also. Simply because she has not been recruited

under the Army Act, that will not in any way reduce her status

from commissioned officer of regular Indian Army. Technically

she may not be given status under the definition of Section of

Army Act 3 (XVIII), but notionally she will be treated to be

officer of Indian Armed Forces and commissioned officer of the

Indian Armed Forces. Hence, it is clear that she is a regular

commissioned officer of the Indian Armed Forces and she is

authorized to all entitlements and benefits which a regular

 285

officer entitled under the Army Act, 1950 and rules framed

thereunder and regulations issued from time to time. Therefore,

we have no hesitation to declare that the petitioner is entitled to

be treated as a commissioned officer and as a part of the regular

force, and she is authorised to all entitlements which are

authorised to the regular recruited army officers of the Indian

Army. In this background, order issued on 30th April, 2004 is

quashed and respondents are directed to treat all the

commissioned officers of Military Nursing Service as a part of the

regular force of the Indian Armed Forces and extend all

entitlements which are commensurate with the rank as equal to

commissioned officers of Indian Army to her.

22. Petition is accordingly allowed. No order as to costs.

Sd/- A.K. MATHUR

(Chairperson)

Sd/-
 286

M.L. NAIDU

(Member)

New Delhi

March 30, 2010.

 287

Annexure - 6

BRIEF HISTORY OF MILITARY NURSING SERVICE

INTRODUCTION

Early Days

Military nursing was the earliest type of Nursing evolved

again in British era. In 1664 the east India Company started

a hospital for soldiers in a house at Fort St George, Madras.

The first sisters were sent from St. Thomas hospital, London

to this military hospital. In 1797 a Lying-in-Hospital

(Maternity) for poor of Madras was built with the help of

subscriptions by Dr. John Underwood. In 1854 the

Government sanctioned a training school for midwives in

Madras.

Crimean War

Crimean war was fought between the Turkey and Russia.

Both these countries could not obtain any specific advantage

 288

because of Crimean war (1854-1856) but the whole mankind

definitely got an invaluable gift in the form of invention of the

Modern Nursing. England and France were helping Turkey in

the war against Russia. There were no nurses to care for the

sick; as a matter of fact there was none to attend. The

hospitals wards likewise were crowded, dirty, and poorly

ventilated. Water was scarce. There were no sanitary

arrangements. The beds were of straw and mostly on the

floor. The few sheets were of rough canvas. No washing

had been done. There were no basins, soap, towels, or

hospital clothing. The men were still in their blood soaked

uniforms. Filth and vermin were common. The food was

poorly cooked and of a kind that the very ill could not eat.

Since it took four hours to serve a meal, food was given at

long intervals. Cholera and other contagious diseases were

present. More soldiers died of disease than of wounds.

Forty two percent of the treated patients died. The famous

reporter of London Times, William Howard Russel, described

the conditions of the wounded soldiers during the Crimean

 289

war. It was the considered the dark period of nursing.

Russia and France had religious sisters to care for their

wounded soldiers England had only untrained men. An

appeal was sent out for help and supplies and Miss

Nightingale who was looking for a a field worthy of her

power read this appeal and offered her services to Sir

Sydney Herbert who was minister of war.

Amidst of this obscurity and despair Florence Nightingale a

lady of culture was invited by Sir, Sydney Herbert to go to

Scutari and try her best to improve the situation. Florence

Nightingale along with 38 women landed in Crimea on 04

Nov 1857.

The creator of Modern Nursing Miss Florence Nightingale

was honored with Oder of Merit by King Edward seven for

her distinguished, wonderful and worth mentioning services.

She was the first lady in the world to receive this honour. On

this occasion, King Adward Seven said its matter of pride for
 290

Britishers that a women without crown is ruling the whole

world because of her serving capabilities. In the honour of

this great lady, 12th May is celebrated as international Nurses

day, every year.

In 1865, Miss Florence Nightingale drew up some detailed

Suggestions on a system of nursing for hospitals in India

Graduates were sent out from the Nightingale School of

Nurses at St. Thomas Hospital, England to start similar

schools in our country.

INDIAN ARMY NURSING SERVICES

The Indian army nursing service was initiated by good friend

of British Soldiers, Lord Roberts, and then Commander-in-

Chief in India and Lady Robert in 1888, Lord & Lady Roberts

even raised a fund for the nursing of Officers, until such time

as the govt of India recognized a need for it. The first batch

of British Army Nurses arrived in India, to serve in the

 291

hospitals for British troops.The date 28th March of the year

1888 is a Memorable one, as it was on this day, the first

batch of 10 qualified and certified British nurses landed in

Bombay to organize Nursing in Military Hospitals in India. In

those days, this task was carried out by untrained soldiers on

voluntary bases, who would withdraw any time leaving the

patients to their fate.

Miss locke who was a trained nurse from St. Bartholomews

Hospital London, along with five other nurses was stationed

at Rawalpindi and Miss Foxley with three other were sent to

Bangalore. At that time nursing services were available for

only Brritish soldiers. These nurses has to face ward servants

who were dirty, lazy, untruthful and great thieves. Majority

of the medical officer were very much against having

women nurses in the army and raised many objections and

refused cooperation.
 292

The above experiment proved to be a success in the year

1890-91 the number rose to 28 and then gradually

increased to 52 in the year 1893. The nursing service was

christened as the Indian Army Nursing Service (IANS) in the

year 1896.

In 1902 Queen Alexandra became the first President of the

British army Nursing service in the UK, which was then called

the Queen Alexandria Imperial Nursing Service, Subsequently

in the year 1903, the Indian army Nursing Service was

renamed the Queen Alexandra Military Nursing service for

India{QAMNS (I)} and the number of nurses increased to 91.

First World War

The First World War stimulated interest in the nursing care of

the Indian Soldiers. The nursing services of the western front

were composed of members of the QAIMNS and its Reserve,

of the TFNS (Temporary France Nursing Service)and its civil

 293

hospital Reserve of the QAMNS(I), of the Military Nursing

service of Canada, Australia, New Zealand, South Africa,

Portugal and the United States of America and the members

of Voluntary Aid Detachments, the harmonies manner in

which all these elements worked together throughout the

War speaks volumes for the tactful and able manner in which

they were administered under the Director General by the

Matron in chief, Dame Maude McCarthy.

In August 1914 there were 516 nurses with the British

Expeditionary force in France. The Indian Contingent had

with it 17 members of the QAMNS(I) they formed part of the

nursing staff of three British General hospitals from India but

as a portion of these were converted into General hospital of

the Expeditionary force the members of the QAMNS(I) were

distributed, some to No. 18 Casuality Clearing station, others

to Meerut Casuality Clearing Station, while two were

appointed for duty as Operation room Sisters in each of the

Indian General and stationary hospitals. All were withdrawn

 294

from france in 1915 except six who remained with the Lahore

British general Hospital at Caliais till the end of march 1916.

During the War dire need of nursing care for Indian soldiers

was recognized and a Temporary Indian Nursing Service

(TINS) was started in 1914. The army nurses served in

Flanders, the Mediterranean, the Balkans, the Middle east &

on board hospital ships. Of the 200 plus army nurses died in

active service many were Indian. An appeal was made

trained nurses to join the TINS in India in August -

September of 1915. The response was very poor and only

sixty temporary nurses could be appointed. A total number of

473 nurses were appointed during World War I, and 60

nurses from TINS and 143 from St Johns Ambulance

Association respectively. These nurses served in India and

British troop hospitals in India, Aden, Mesopotamia and

Egypt.
 295

Inter War Years

After the Armistice of 1918, the temporary nurses from

TINS who were not trained from recognized institutions

were released and rest was posted to Indian station

hospitals in certain cantonments. In May 1924, 55 nurses

were sanctioned for the Indian Station hospital as interim

establishments.

Till 1926 under the regimental hospital system for Indian

troops, nursing was left to Ward Orderlies, who had no

specialized training in nursing the sick. Male Nurses and

Ward orderlies of the Indian Hospital Corps carried out

nursing, who received only basic training before being sent

to the hospital.

On 01st October 1926, it was decided to have a permanent

Nursing Service in the Indian Army and the Nursing Service

for Indian troop hospitals came into being with a total

 296

number of 55 nurses; (12 matrons, 18 sisters and 25 staff

nurses) over 6000 beds for Indian troops, a ratio of 1: 109,

were as nurses of the British troops were in a ratio of 1:23.

In 1927, the designation of the Nursing Service for Indian

troop hospital was changed to Indian Military Nursing

Service.

World War II

The Second World War brought about many beneficial

changes in the Indian Medical System, one of them being the

improvement in the conditions for Indian Troops in Military

Hospitals. Although there were allegations that Indian troops

were used as cannon fodder ahead of the more valued British

troops, their courage and Velour could not be denied, and it

became ever more necessary that trained men should be well

cared for when sick, so that they could return to the front as

soon as possible. Efficiency in the wards and more congenial

surroundings were fostered were ever nurses were present.

 297

Thus it was during the war that this facility was introduced

on a large scale in military Hospitals where it had been

denied so long.

With the outbreak of World war II in 1939, 313 nurses were

sanctioned for nursing services for the British Army

stationed in India, which included 55 nurses from the IMNS,

for 6077 beds for Indian troops of British crown, 215 nurses

of QAIMNS for 5044 beds for British troops and 43 matrons

for family hospitals. The changing working condition and

war time shortage led to changes in uniform. Khaki slacks &

battle dress blouses replaced the grey & scarlet ward dress

and rank insignia was adopted to signify the officer status of

nurses.

The scope of expansion of the IMNS was limited due to

acute shortage of the trained nurses in India, and actual

number was very less, with the progress of war and to meet

the military requirements, steps were taken to stop

 298

recruitment to the permanent cadre of the IMNS and a new

service IMNS (Temporary) was started. In order to increase

the flow of entry, simultaneously with the start of

recruitment of the IMNS (T), the Auxillary Nursing Service

was formed for maintaining a reserve of nurse to

supplement the existing strength and the first batch of

Auxillary Nursing Service Reserve (AINSR) joined in

September 1940.

Auxiliary Nursing Service (India)- ANS (I). Sanction of the

Govt of India was granted in August 1941 and service was

inaugurated on 24 Sep 1941 by Lady Linlithgow as its First

President. The member of service were enrolled in two

classes Local & General. The general service members were

required to serve in Indian or British hospitals in India and

were also allowed to volunteer for the service overseas. The

local service members were available for duty within a

specified area only. Recruitment for the local service was

also kept open for fully trained certificate NURSES. A total

 299

2787 joined ANS (I) for service with army. In Dec 1943 a

system of grading was introduced. The designation of of

ANS (i) nurse was changed from Nursing Auxiliary to

Nursing Cadet. On 01 Aug 1945, the actual number of

ANS(i) cadet serving was 1,709.

The Member of Indian Military Nursing service served in

Ceylon, Aden, Egypt, North Africa, Sudan, Eritrea, Cyprus,

Syria, Iraq, England, Burma, Singapore, Malaya, Hongkong,

Japan and Indonesia. They served either in self contained

nursing units or with members of British nursing services.

Many were serving in Malaya when Singapore fell to

Japanese in February 1942.

SS. Kuala which was sunk by Japanese bombers on 14

February 1942 at Pom Pong Island in The Indonesian

Archipelago after escaping from Singapore on 13 February

1942, which was two days before the Surrender to the

Japanese. During the World War many nurses lost their lives
 300

(or survived) on the ship S S Kuala which was sunk by

Japanese bombers on 14 Feb 1942 while escaping from

Singapore on 13 Feb 1942 at Pom Pong Island in The

Indonesian Archipelago which was two days before the

surrender to the Japanese. There were over 700 people

including some 300 women and children on board this small

vessel (designed for about 50 passengers). Notably amongst

this group were almost 200 nurses including a group of at

least 15 nurses from the Indian Military Nursing Service who

had been ordered to leave Singapore before the Japanese

took the control of the city .The names are as given bellow:

1. Sister L.H.M.V. ANDERSON, #N/1075, 12 Indian General

Hospital, Auxiliary Nursing Service (India)-died 16-2-1942

2. Sister G. M. DE SOUZA ,Indian National, # NZ/24372, Indian

Military Nursing Service, daughter of Mrs. B. de Souza died

14 2.42

3. Sister E. EASTWOOD, Indian National, #Z/19590. 12 Indian

General Hospital, Indian Military Nursing Service, daughter of

Mr. and Mrs. A. L. Eastwood of New Dehli died14.2.42

 301

4. Miss FONSOKA / FONSEKA appears to have been a nurse in

the Indian Military Nursing Service but who might have

survived the sinking Kolla

5. Sister Beatrice Helena HOLLANDS, Indian National, aged 27

years, recorded by some accounts as IANS or IMC ,17

Combined general Hospital she died on 16.2.42

6. Miss Joyce HOLLANDS, simply noted as IANS which may or

may not be an incorrect reference to the IMNS

7. Sister Norah Constance St. John HUSSEY, Indian National,

Auxiliary Nursing Service( India) died 14.2.42

8. Sister L. E. JAMES, Indian national, # NZ/24064, Indian

Military Nursing Service, -died on 14.2.42

9. Sister S. KANTHA, Indian National, #NZ/23472, 12 Indian

General Hospital, Indian Military Nursing Service died on

14.2.42

10. Sister Norine Thelma LORD, Indian National, # NZ/ 14287,

27 general Hospital, Indian Military Nursing Service, daughter

of Mrs. E. M. Tomlin of Karachi Cantonment, Pakistan died

on 14.2.42
 302

11. Sister P.M. SEBASTIAN, Indian National, #NZ/1069, 27

Indian General Hospital, Indian Military Nursing Service,

daughter of P. P. Sebastian

of Palliechoad, Tarancore died on 14.2.42

12. Sister Arivannandam SUTHARISANAM, Indian National

Indian Military Nursing Service, niece of E.Isaac of Penang

died on 14.2.42

13. Sister R.A. TAYLOR, Indian National, #NZ/19427, 12

General Hospital, Indian Military Nursing Service , daughter

of Mrs. B. Warner of Colaba, Bombay died on 14.2.42

14. Sister I. G. WOOLGER, Indian National, # NZ/20703, died

on 14.2.42

A number lost their lives were 5 from IMNS regular 10

from MNS (T) and 4 from AINSR (IT). The number of them

who were declared missing were 4 from IMNS (T) and 2

from AINSR (T). Many others experienced the rigors and

hardship of nearly four years captivity until there release in

November 1945 when they returned to India.

 303

1941 QAIMNS and TANS were commissioned in to the

temporary womens force and this arrangement lasted until

1949, when the final and decisive step was taken and

QAIMNS was reorganized to form a corps of army under the

title of Queen Alexandras Royal Army Nursing Corps. From

now on Nursing officers were granted

Militarisation of Nursing Services

In 1942 it was decided by the war office to make members

of IMNS eligible for higher administrative posts eg. Principal

Matron. The militarization of the Indian Military Nursing

Services was considered necessary during this time. For

which an Ordinance was promulgated. The Ordinance was

created as an urgent war measure, on the analogy of the

formation of the Women Auxiliary Corps (India), an Auxiliary

Force as part of the Armed Forces of the Crown designated

The Military Nursing Service (India). From administrative

 304

point of view it was promulgated under the Defence

(Women Forces) Regulations 1941 (which came into effect

in United Kingdom from April 1941). All women enrolled in

the Queen Alexandras Imperial Military Nursing service, the

Territorial Army Nursing Service, and there Reserves,

among other womens services were declared to be

members of the armed forces of the Crown and permitted

to hold commissions. Members of the Indian Military

Nursing Service (Permanent and Temporary) and of the

Army in Indian Nursing Service Reserve called up for duty,

who worked side by side with their counterparts in the

British Services, remained civilians, although they were

already subject to military law and were permitted to wear

rank badges similar to those of commissioned officers. The

difference in status placed members of the Indian service

and reserve at a comparative disadvantage. A senior

member of one of the Indian service could not, for example,

exercise command over a junior commissioned member of

the British service, and this was one of the obstacle in the
 305

way of throwing open to the Indian services the higher

administrative posts. Thus it was proposed that the Military

Nursing Services in India and Army in India Nursing Service

Reserve should be militarized, and accordingly on the

analogy of the formation of the womens Auxiliary corps

(India), thus it was proposed to create an ordinance, as an

urgent war measure a service Auxiliary force as part of

the Armed Forces of the Crown.

It was proposed that the Military Nursing Service (India) will

absorb the two existing civilian services, namely the Indian

Military Nursing Service and the Army in India Nursing

Service Reserve. All members of the new service were to be

commissioned officers, and be subject as such to the Army

Act or The Indian Army Act, accordingly as they were liable

to serve the British or Indian troops respectively.

These services contained British subjects of European, Anglo

Indian or Indian percentage and all members do duty with

 306

Indian troops, while European members of the reserve were

liable for duty with British troops. Members of Military

Nursing Service (India) were subject to the Army Act to the

same extent as the members of the British Nursing Services,

and to the Indian Army Act to an analogous extent.

In preparing the ordinance no attempt was made to exclude

all the sections of the Army Act and Indian Army Act,

respectively which did not apply to Officers. It was

appreciated that the Nursing Services will consist only of

Officers; this in itself will have the automatic effect of

excluding the operation of irrelevant Sections of the Act.

During the promulgation of Ordinance Brigadier Happell

from the war department suggested some change in clause 5

of the Ordinance which was explained by J.Bartley of the

legislative department as stated by him, is placed below-

The form of clause 5 was suggested by the fact that though

officer in our Military, Naval and Air Forces is at once

 307

understood to denote a class apart from the non officer

members , the word Officer very often means merely a

member. Thus police officer merely means a member of a

police force (see Police Act V of 1861, Bengal Act V of 1866,

code of criminal procedure). I therefore sought to stress in

clause 5, the fact that officer there means something more

than member. Hence also the headings to clause 5 which

will have to be changed if the words shall be of

commissioned rank are omitted.

I dont feel strongly on any of these points, and if Brigadier

Happell is not influenced by what I now say, will revise the

draft as he desires.

After due deliberations, the ordinance was published in the

Gazette of India Extraordinary on 15 Sep 1943.

Grant of Commission and Badges of Rank

Consequent upon the grant of commission in united

kingdom to all women enrolled in QAIMNS and TANS and

 308

their reserve , it became essential to grant similar

commission to member of IMNS and army in India Nursing

Service Reserve (AINSR) who worked alongside their

counterparts of the British services they were already

subject to Military Law and had been permitted to wear the

badges of the rank. By an ordinance no. XXX issued on 15

September 1943, the IMNS became a part of the Indian

armed Forces. The member of this service became the

commissioned officers and were thenceforth referred as

nursing officers and not nurses

In September 1945, the relative ranks of the nursing

officers vis--vis the officers of the Indian Army were

regulated as follows:

Principal Matron - Lieutenant colonel

Matron - Major

Senior sister or Sisters - Captain

Sister - Lieutenant
 309

It may be mentioned here that the member of nursing

services had already been authorized as early as 24 April

1942 to wear badges of rank, Matron both indoor and

outdoor uniforms and sisters on the indoor uniforms only.

This restriction was later removed in April 1943.

Improvement in condition of service was made by the issue

of the revised terms on 09 Dec 1941. On October 1944 a

new appointment of Senior sister was introduced for

Nursing Officers of IMNS who held authorized appointments

of sister-in-charge.

In recognition of their services 62 nursing officers IMNS

Regular and Temporary & nursing Cadets ANS (I) were

awarded decorations or mention in Despatches. 153

members of the ANS(i) had at one time or the other served

in Iraq, Iran, Egypt & England. Five were mentioned in

Despatches 4 received the honour of Associate Member of

 310

Royal Red Cross and 5 Member were sent to take part in

victory celebration in London 1946.

Before the end of the end of 1946, the nurses from abroad

were all withdrawn as the need for a large number of nurses

was practically over with the cessation of war(Victory Europe

Day 08 May 1945 and Victory Japan Day 15 May 1945)

Last QA To Leave India

The last QA to leave India was Dame Monica Johnson in

1947. Dame Johnson was given a carved chest from The

Ladies of India to mark the years of nursing service by the

QAs. For many years it stood on the first floor of the

Headquarters Mess in Aldershot (cited in the book Queen

Alexandra's Royal Army Nursing Corps (Famous Regts. S) by

Juliet Piggott).

Post Independence
 311

On 15th August 1947, India was declared independent. The

pre war nurses of the QAIMNS (Queen Alexandrias Imperial

Military Nursing Service) serving in the country were

withdrawn. Colonel Mrs. D G Howard, an Indian Nursing

Officer, was appointed first Chief Principal Matron of Indian

Military Nursing Service on 13th September 1947.

In the year 1950, soon after the enactment of the Army Act,

1950, the terms and conditions of the Military Nursing

Service were laid down by Govt of India by issuing the Army

Instruction 274/50. The erstwhile officers of the IMNS were

absorbed in the Military Nursing Service with due regard to

the rank and seniority they received in IMNS.

The officers in the MNS are subject to the Army Act, 1950

under Section 2(1)(a) of the Act. The commissions are

granted subject to the provisions of the Section 10, 16 and

17 read with Rules 8 and 9 of the Army Rules, 1954. The

 312

Army Act, 1950 apply to the officers serving in the MNS as

regular Army officers. In accordance with the regular Army

officers status the rank designation in MNS was

redesignated through Army Instruction 4 of 1954. The

commission was granted in the rank of Lieutenant on first

appointment from 03 Mar 1959 onwards. The substantive

promotion to the rank of Major and above was by selection

board Substantive Cadre of colonel -01, Lt Col-04 and Major

45 were authorized in MNS. The designation of chief

Principal Matron in the rank of Colonel was upgraded to the

rank of Brigadier on functional appointment as Matron-in-

Chief. Brig (Miss) J M Staggs became first Matron in Chief in

rank of Brig on 11 Dec 1962. She was the first Lady in

Indian Army to attain the rank of Brigadier. The Cadre was

again restructured as one Brig, 04 Col, 10 Lt Col and 54

Major on 11 Dec 1962.

The Sino- Indian War also known as the Sino-Indian Border

Conflict. A disputed Himalayan border was the main pretext

 313

for war, conflict situation on the LOC created so much of

war causalities nursing officers worked with great zeal and

dedication Capt (Miss) UR Choudhari, Lt (Miss) Harvinder

Kaur and Lt (Miss) Lily Varghese received VSM.

First woman Major General in Indian Army

Maj. Gen. (Miss) G.A Ram, was the first woman to attain the

rank of Major General in the Indian Army as the Director of

Nursing Service. She joined Military Nursing Service in 1944

and was commissioned into MNS in 1948 she has held

prestigious appointments in India as Matron-in-Chief in 1975

and abroad. She was recipient of Florence Nightingale Medal

in 1979 from International Committee of Red Cross. Soldier,

Cross of Jesus Christ in 1982 and was awarded Param Vishist

Seva Medal (PVSM) for distinguished order of merit.

Discontinuation of MNS (T) & other Developments

 314

In year 1984 the MNS (Temporary) was replaced by short

service commission. 40% of Probationer Nurses passing out

of Schools of Nursing of Armed Forces, based on the order of

merit are granted SSC.SSC is also granted to civil nurses by

selection, in case of augmentation and deficiency of

manpower in the cadre. In year 1985 The designation of

Director of Nursing Service in the rank of Major General was

re-designated as Additional Director General of the Military

Nursing Service. Maj Gen (Miss) A Rajammal, AVSM became

the first ADGMNS on 01 Feb 1985. And also the permanent

Cadre of the MNS was authorized to have the under

mentioned select ranks:

Maj Gen - 01

Brig - 12

Col - 31

Lt Col - 116
 315

The designation of Deputy Director of Military Nursing

Service was re-designated as Deputy Director General of the

Military Nursing Service.

*****
 316

Annexure R-7

TRUE TYPED COPY

(THE INDIAN) MILITARY NURSING SERVICE ORDINANCE, 19431

[30 of 1943]

[15th September, 1943]

An Ordinance to constitute 2[**] a force to be called the 3(Indian

Military Nursing Service) as part of the armed forces of the 4(Union).

Whereas: An emergency has arisen which makes it necessary to

provide for the constitution 2[**] of a force to be called the 3(Indian

Military Nursing Service) as a part of the armed forces of the 4(Union);

Now, THEREFORE, in exercise of the powers conferred by section 72

of the Government of India Act, as set out in the Ninth Schedule to the

Government of India Act., 1935, The Governor-General is pleased to

make and promulgate the following Ordinance:-

 317

1. Short title application and commencement.(1): This ordinance

may be called The 5(Indian Military Nursing Service) Ordinance,

1943.
6
(2) It applies to members of the Indian Military Nursing

Services wherever they may be.

(3) It shall come into force at once.

2. Definitions - In this Ordinance, unless there is anything

repugnant in the subject or context.

(a) "prescribed' means prescribed by rules made under this

Ordinance

(b) "regulations" means regulations made under this

Ordinance.

3. Constitution of Indian Military Nursing Service.(1) There shall

be raised and maintained, in the manner hereinafter provided,

as part of the armed forces of the 7(Union) and for service with
 318

8
(the Indian) Military forces an auxiliary force which shall be

designed the Military Nursing Services (India).

9
[**]
10
4. Liability of service of members of (Indian Military Nursing

Service.

(1) The members of the Indian Military Nursing Service

shall be liable for service only with forces and

persons subject to the Indian Army Act, 1911.

11
(2) [**]

5. Members to be of commissioned rankAll members of the

12
(Indian Military Nursing Service) shall be of commissioned rank
12
and shall be appointed as officers of the (Indian Military

Nursing Service) by the Central Government by notification in

the Official Gazette.

13
6. Eligibility for appointment.(1) (Any citizen of India) if a

woman and above the age of twenty-one shall be eligible for

 319

12
appointment as an officer in the (Indian Military Nursing

Services) and, if she satisfies the prescribed conditions may be

appointed thereto in the manner laid down in section 5.

(2) Every person so appointed shall be subject to this

Ordinance and to the rules and regulations made thereunder.

7. Dismissal from Indian Military Nursing ServiceThe Central

Government, or an authority empowered by the Central

14
Government in this behalf, or the (Chief of the Army Staff) may
15
dismiss any officer from the (Indian Military Nursing Service).

8. Liability to undergo training and perform duties.Subject to the

12
provisions of this Ordinance, a member of the (Indian Military

Nursing Service) shall be bound to undergo such training and in

such manner and to perform such duties in connection with

16
(Indian) military forces as may be laid down by regulations.
 320

9. Application of Army Act and Indian Army Act 1911, to members

of Indian Military Nursing Service.(1) The provisions of the

Indian Army Act, 1911 17 shall, to such extent and subject to

such adaptations and modifications as may be prescribed,

apply to members of the Indian Military Nursing Service

18
[**] as they apply to Indian commissioned officers, unless

they are clearly inapplicable to women.

19
[**]

10. Power to make rules.(1) The Central Government may, by

notification in the Official Gazette make rules to carry out the

purposes of this Ordinance.

(2) In particular and without prejudice to the generality of the

foregoing power, rules may be made under this section

(a) providing for the medical examination of persons

20
offering themselves for appointment in the (Indian

Military Nursing Service);

(b) providing for any matter which under this Ordinance is

 321

to be or may be prescribed.

21
11. Power to make regulationsThe (Chief of the Army Staff) may

make regulations consistent with this Ordinance and the rules

made thereunder, providing for all matters to be laid down by

regulations, and generally for all details connected with the

organisation, pay, allowances, duties, discipline, training.

clothing, equipment and leave of members of the (Indian Military

Nursing Service).

1. Published in the Gazette of India, Extra, dated 15th September,

1943. The title of the Ordinance was changed by the amendment

made by A.L.O 1950 (w.e.f. 26-1-1950).

2. The words in the Provinces were omitted by A.L.O., 1950 (w.e.f.

26-1-1950).

3. Subs. for Military Nursing Services (India).ibid.

4. Subs. for Crown, ibid.

5. Subs. for Military Nursing Services (India) by A.L.O. 1950 (w.e.f.

26-1-1950).
 322

6. Subs. for former sub-sections (2), ibid.

7. Subs. for Crown, by A.L.O., 1950 (w.e.f. 26-1-1950).

8. Subs. for His Majestys, ibid.

9. Sub-section (2) was omitted. Ibid.

10. Subs. for Military Nursing Services (India) by A.L.O. 1950 (w.e.f.

26-1-1950).

11. Sub-section (2) was repealed by A.L.O., 1950 (w.e.f. 26-1-1950).

12. Subs. for Military Nursing Services (India), ibid.

13. Subs. for any British subject or subject of an Indian State by

A.L.O., 1950 (w.e.f. 26-1-1950).

14. Subs. for Commander-in-Chief India Army by the Commander-in-

chief (Change in Designation) Act, 1955 (XIX of 1955), S2 and Sch.

(w.e.f. 7-5-1955).

15. Subs. for Military Nursing Services (India) by A.L.O. 1950 (w.e.f.

26-1-1950).

16. Subs. for His Majestys, ibid.

17. See now the Army Act, 1950 (XLVI of 1950).

18. The words and those members of the Army in Indian Nursing

Service Reserve who have engaged to serve with forces and person
 323

subject to the Indian Army Act 1911 were omitted by A.L.O. 1950

(w.e.f. 26-1-1950).

19. Sub-section (2) was omitted, ibid.

20. Subs. for Military Nursing Services (India) by A.L.O. 1950 (w.e.f.

26-1-1950).

21. Subs. for Commander-in-Chief India Army by the Commander-in-

chief (Change in Designation) Act, 1955 (XIX of 1955), S2 and Sch.

(w.e.f. 7-5-1955).
 324

Annexure R-8

TRUE TYPED COPY

Adjutant Generals Branch

Dte Gen of Medical Service (Army)

L Block New Delhi 110001

B/70034/P/DGMS-4A 31 Jan 2017

Headquarters

Southern Command (Med) Eastern Command (Med)

Western Command (Med) Central Command (Med)

Northern Command (Med) Southern Command (Med)

POSTING: MNS OFFICERS

1. The following postings have been approved:-

Ser Personal Particulars & Unit New Unit/ Appt Remarks

No
 325

(a) Lt Col (TS) S Maya Tamang 188 MH To report to 456

Fd Hosp on 27
NR-20458L GD Matron
Feb 2017
GD Matron (New Raining

Unit)
MH Bakloh

(b) Capt Gayatri Subba 188 MH (i) Sidestep

posting
NS-23167W Sr Sister

Sr Sister (New Raining

Unit) (ii) To report to

154 GH
456 Fd Hosp on

27 Feb 2017

(c) Capt Kimneilhing Mercy 188 MH To report to 456

Haokip Fd Hosp on 27
Sr Sister
Feb 2017
NS-23713X
(New Raining

Sr Sister Unit)

CH (WC) Chandimandir
 326

2. The unit will fwd arrival report and DO Part-II showing date of

TORS of the MNS offr directly to Dte Gen upon arrival of the offr.

3. Please comply with AO 5/2013/AG regarding rendering of CRs.

4. This has the approval of the DGMS (Army).

(Smita Devrani)

Col

Dir MNS (Adm)

For DGMS

(Army)

Copy to:-

HQ 3 Corps (Med) CH (WC) Chandimandir

HQ 9 Corps (Med) MH Bakloh

188 MH 154 GH

456 Fd Hosp

CDA (O), Golibar Maidan Pune

Internal:-

DGAFMS/DG-1X DGMS (Army) DGHS (AF) MPRS (O) Pers File

 327

Annexure R-9

TRUE TYPED COPY

Tele Mil 6146

Mukhyalaya/Headquarters

Uttar Bharat Area

PIN-900496

291 905/MC/M-1(MNS) 10 Nov 2015

BH Lucknow MH Meerut

MH Bareilly MH Roorkee

TEMP DUTY: MEMBER OF MNS FOR THE YEAR 2016

1. The pgme for the year 2016 regarding temp duty of Nursing

Officers from your unit to 2009 Fd Hops are as under:-

S No Unit Period No of MNS

Offr

(a) MH Meerut 01 Jan 2016 31 Mar 2016 02 (Two)

 328

(b) MH Lucknow 01 Apr 2016 30 Jun 2016 02 (Two)

(c) MH Bareilly 01 Jul 2016 30 sep 2016 02 (Two)

(d) MH Roorkee 01 Oct 2016 31 Dec 2016 02 (Two)

2. This has the approval of MG Med this HQ.

3. No representation will be accepted.

4. Temp Duty mov sanction accorded under rule 4(ii) of TR-1991

(RE).

(MK Samanta)

Lt Col

DADMS

for MG Med

Copy to:

Central Command (Med) - for info pl.

PIN 908 544

C/O 56 APO

2009 Fd Hosp - for info pl.

C/O 56 APO
 329

Annexure R-10

TRUE TYPED COPY

167 MILITARY HOSPITAL

RESTRICTED

MOVEMENT ORDER

1. NR-21580N MAJ ARCHANA RAWAT, GD Matron of this hosp is

proceeding on TD to 329 Fd Hosp to relieve NR-21444X Maj Lalita

Airiya of this hosp whi will return to this hosp for duty.

2. She will leave hosp on 09 Feb 2017 (AN)

3. She will travel by Govt Tpt.

4. She is in possession of her identity Card.

5. Incase of any difficulty enroute, she will report to MP/Nearest Mil

Unit for necessary assistance by producing this move order as an

authority.

6. She will observe strict discipline and security measures enroute.

Auth:- This move order.

01/2/Est/2017 (GH Ansari)

167 Military Hospital Capt

 330

C/O 56 APO Asst Registrar

For commandant

Distribution:-

Offr concerned

329 Fd Hosp

Case file