ORDER : 1. The conclusion drawn in the impugned judgment that the respondent – Ex. Lt. Selina John’s release from the Military Nursing Service was wrong and illegal, does not require any interference, in spite of the arguments raised, questioning the reasoning given by the Armed Force Tribunal, Regional Bench, Lucknow. 2. We are unable to accept any submission that the respondent – Ex. Lt. Selina John, who was a Permanent Commissioned Officer in the Military Nursing Service, could have been released/discharged on the ground that she had got married. This rule, it is accepted, was applicable to only women nursing officers. Such rule was ex- facie manifestly arbitrary, as terminating employment because the woman has got married is a coarse case of gender discrimination and inequality. Acceptance of such patriarchal rule undermines human dignity, right to non-discrimination and fair treatment. Laws and regulations based on gender-based bias are constitutionally impermissible. 1 [Anuj Garg and Others v. Hotel Association of India and Others (2008) 3 SCC 1 ] Rules making marriage of women employees and their domestic involvement a ground for disentitlement would be unconstitutional. 2 [C.B. Muthamma v. Union of India (1979) 4 SCC 260 .] 3. We may also observe that Army Instruction No. 61 of 1977 titled "Terms and conditions of service for the grant of permanent commissions in the Military Nursing Service", as informed, has been withdrawn by a subsequent letter dated 29.08.1995. 4. During the course of hearing, it was fairly pointed out by the learned counsel for the respondent that the respondent – Ex.Lt. Selina John did work as a nurse for short time in a private organisation. 5. Keeping in view the facts and circumstances of the present case, we direct the appellant(s) to pay compensation of Rs.60,00,000/-(rupees sixty lakh only) to the respondent – Ex. Lt. Selina John within a period of eight weeks from the date a copy of this order is served/made available to them. 6. In case the payment is not made within a period of eight weeks, the appellant(s) will pay interest at the rate of 12 per cent per annum from the date of this order till the payment is made. 7. The aforesaid compensation of Rs.60,00,000/-(rupees sixty lakhs) will be in full and final settlement of all the claims of the respondent – Ex. Lt. Selina John against the appellant(s). 8.
7. The aforesaid compensation of Rs.60,00,000/-(rupees sixty lakhs) will be in full and final settlement of all the claims of the respondent – Ex. Lt. Selina John against the appellant(s). 8. The impugned judgment directing the reinstatement of the respondent – Ex. Lt. Selina John with back-wages etc. will be treated as modified in terms of the above direction. Recording the aforesaid, the appeal is disposed of in the above terms. Pending application(s), if any, shall stand disposed of.