Mahinder Narian ( 1 ) NOTICE to show cause was issued in this matter on 09 February 1995. Only a short points a involved for determination in this writ petition. We have heard the Counsel for both the parties and we propose dispose of the writ petition and issue Rule D B. ( 2 ) THE petitioner says that she has been employed as a nursing Officer (Local) and permanently posted to Section Hospital, Clement Town. Dehradun She served as a nursing Officier (Local) from, 11. 1. 1981 to 4. 8. 1991. The petitioner under went neurosuregn in February, 1987. After the neurosurgery the Petitioner was advised to have preiodical medical check-up at a Hospital where Neurosurgeon was available. As the petitioner s husband was posted at Pune, on request made by her, on compassionate grounds, she was posted at pune. After three years, she sought posting back to Section Hospital, Claement town ,dehradun. ( 3 ) AS she was not posted to Clement Town Hospital but was posted at Military Hospital , Dehradun this petition has been filed. ( 4 ) THE petitioner relies upon Army Instruction NO. 14 Item 1 whereof reads as under : "1. Married nurses ,or nurses who are widows with encumbrancer are separated or divorced including those whose marriage has been dissolved and who marriage has been dissolved and who have encumbrances, may be granted temporary commission if otherwise suitable ,in the military Nursing Servicing for local service only. The service so constituted is to be known as the Military Nursing Service (Local)" ( 5 ) ONE of the liablities involved in such a service is mentioned in Item 10 of the said Army Instructions, which reads as follows: "10-LIABLITIES for Service: They will normally be liable for service at one station only. Nursing officier desirous of contanuing their service in a new station may be permitted to do so provided a vacancy exists. No TA/da for the journey will be admissible". ( 6 ) ANOTHER liability of the local service is to be found in item 6 of the said army Instructions. That reads as under: "6. Rank and Promotion: Candidates will be appointed in the rank of the Lieutenant and will not be eligible for farther promotion. The date of appointment will be the date they report for duty. ( 6 ) ANOTHER liability of the local service is to be found in item 6 of the said army Instructions. That reads as under: "6. Rank and Promotion: Candidates will be appointed in the rank of the Lieutenant and will not be eligible for farther promotion. The date of appointment will be the date they report for duty. " ( 7 ) READING all these items together mean that any nurse who joins Military Nursing Service (Local) is liable for service at one station only and is not eligible for further promotions. ( 8 ) IT is not disputed that the petitioner herein was orginally a member of the Military Nursing Service, she was appointed. by way of fresh appointment, as a Lieutenant in Military Nursing Service, (Local) at Clement Town Hospital. This is evident from Annexure Z-l which is filed along with the rejoinder. ( 9 ) FROM what is stated above , it is clear that the petitioner had given all that service and upon joining the Military Service (Local) Clement Town Hospital, she lost whatever chances of getting promotion and accepted that she shall serve therafter as a Lieutenant in the Military Nursing Service (local) attached to the Clement Town Hospital. ( 10 ) IT is also clear that the petitioner accepted the service as a Lieutenant in the Clement Town Hospital fully conscious of the fact that she would always serving in that hospital at that stage. ( 11 ) THE army Instructions which were applicable to her, particularly Item No. 10 of Army Instruction No 14. enabled her to get limited time posting at Pune. This was permitted. After that posting was offered and she wanted to come back to the Clement Town Hospital has been denied to the petitioner and so she filed this writ petition. ( 12 ) THE respondent in their response filed on 04 August 1995, had stated that only two nursing officers can be placed at the Clement Town Hospital, that these two positions were filled up by persons who have been posted in the Clement Town Hospital, and therefore, the Petitioner could not be posted at Clement Town Hospital. ( 13 ) HOWEVER, we find from the documents filed by the respondents by way of additional affidavit sought by this court,that one nursing officier ,namely, Capt. ( 13 ) HOWEVER, we find from the documents filed by the respondents by way of additional affidavit sought by this court,that one nursing officier ,namely, Capt. (Mrs.) Anita Bandyopadhyay was posted at the Clement Town Hospital on 20 October 1995. This means that this posting was done during the pendency of the writ petition and after we had passed the order on 29 August 1995, which reads as under: ( 14 ) LET an additional affidavit be filed by the respondents as to what is the meaning of "station" in clause 10 of the terms and conditions of service. A further affidavit be also filed by the respondents indicating the names and the designations of the persons who are already posted as a nurse in Clement Town Hospital. It should also be stated for how long these people have been working there and from where these person have come to the Clement Town Hospital. Needful be done within four weeks. Renotify on 16 October 1995. " ( 15 ) WE do not appreciate the action of the respondents in posting a person other than the petitioner at the Clement Town Hospital during the pendency of the writ petition. The respondents could have easily posted the petitioner to the Clement Town Hospital and put an end to this writ petition as Army Instruction seem to be clear to us that the petitioner has to be posted at the Clement Town Hospital. The respondent did not choose to do that. ( 16 ) IT is stated by the respondent that the Military Hospital, Dehradun is also located in Dehradun and that it will be the same station which is postulated by Clause 10 of the Army Instruction No. 14. ( 17 ) THIS is not the way we understand the Army Instructions. The petitioner that have been extracted herein above establish-that the petitioner can only be posted at Clement Town Hospital in accordance within clause 10 of Amy Instructions No. 14. Respondents have not pointed out any abnormal circumstance warranting denial of the benefit of Item 10 of Army Instructions No. 14 to the petitioner. ( 18 ) IN this view of the matter, thiswrit petitioner succeeds. The petitioner should be posted at the Clement Town Hospital forthwith. ( 19 ) NO order as to costs.