MNS issue

By Team Legal Helpline India, March 2, 2016

MNS officers of Indian Army are being discriminated on two counts; one due to their profession which by every parameter is a noble profession of services to mankind and secondly due to a cadre of female officers. The representative body of the MNS officers has approached the Supreme Court of India against the discrimination done to them by the Indian Army and filed WP (C ) No. 806/2015 and the Supreme Court has now issued notice against the Indian Army. Indian Army has failed to file the reply within the period prescribed hence the Supreme Court has now closed their opportunity to file the reply and placed the matter before court for disposal.

The copy of the entire petition is being given hereunder which raises several important and vital questions on the conduct of Indian Army. Some parts related to the personal details of the persons involved in the filing of the present petition are removed. 

SYNOPSIS AND LIST OF DATES
The Indian Military Nursing Service (hereinafter referred as IMNS) Ordinance 1943, created the cadre of Nursing Services called IMNS, as an auxiliary force of the British Indian Army. Suitable provisions were made in the Ordinance for adaptations and modifications of the then existing Indian Army Act, 1911 for regulating the affairs of the members of the IMNS. After adoption of the Indian Constitution in 1950, the Indian Army Act 1911 was repealed and the new act, Army Act 1950, was enacted. Under the Army Act, 1950 a regular cadre of nursing services under the name and style of Military Nursing Services (hereinafter referred to as MNS) was created forming part of the regular Indian army alongwith other corps of Armed Forces Medical Services (AFMS) viz Army Medical Corps, Army Dental Corps and Military Nursing Services. Subsequently with the advancement of the democratic thoughts in the country, the officers in the MNS were granted equal status at par with the male officers of the regular Army and the officers in the MNS were granted commissioned rank and status in the Indian Army wide several instructions, orders, notifications. The erstwhile IMNS Ordinance,1943 was never repealed and was relied upon by Indian Army selectively (sic) as per its convenience to define and regulate the terms and conditions of the officers of MNS although no notification under Section 4 (1) of the Army Act,1950 was ever issued to bring the IMNS under the Army Act, 1950. After MNS was created as part of the regularArmy and after nursing officers having equal status were treated at par with officers of other branches of army and officers of MNS were treated always as part and parcel of the regularArmy. From 1950 this was continuing until now. However, since IMNS ordinance, 1943 was not specifically repealed, as aforesaid; this ordinance was being selectively applied to officers in the MNSto treat them as underdogs. But fact remains that an ordinance cannot continuance perennially. Further, whenthe Army Act, 1950 was enacted; there is an implied repeal of IMNS ordinance, 1943on the repeal of the Indian Army Act, 1911. To keep MNS and IMNS side by side is itself discriminatory.

The officers of MNS have rendered great services to the country and have been promoted to the rank of Major

General; however the women officers serving in the MNS are being discriminated due to the prejudices and stigma attached to their jobs; regardless of the fact that the Government of India over the years have made many positive changes in the conditions of service of women officers serving in other Arms/ Services of the regular Army. The officers of MNS have asserted their rights although being discriminated on several issues as a result of which the top brass of army is marking time to downgrade the officers of MNS and push them out from the main cadre of army.
The Law Commission constituted by the Government to look into obsolete laws has identified the redundant IMNS, Ordinance, 1943 which has often created anomalous situation for the MNS cadre. The law commission in its 249th Second Interim Report has made recommendations for repealing the IMNS Ordinance 1943 with suitable amendments to the Army Act 1950. The Army is out to misuse these recommendations and down grade the service cadre of the MNS from regular Army to an auxiliary force. The main differences between the MNS/Other Services/ Arms of the regular Army with the IMNS are given in the following table:

Sl No. MNS/Other Services/ Arms of the regular Army IMNS

1. Officers in the MNS/Other Services/ Arms are subject to The Army Act, 1950 and Rules made thereunder. Subject to the IMNS Ordinance, 1943, and The Indian Army Act, 1911 and the Rules made thereunder.
2. MNS/Other Services/ Arms forms part of the regular Army. IMNS was an auxiliary force part of the armed forces.
3. Officers in the MNS and other Services/ Arms are officers of the regular Army. Members of the IMNS were auxiliary forces supporting the regular Army.
3. Are to be Attested as provided in Section 16 of the Army Act, 1950 on commissioning. Not applicable
5. Subscribe to the Oath/ Affirmation to serve in the regular Army as given in Rule 9 of the Army Rules, 1953. Not applicable
6. Commissioned by the President in accordance with Section 10, 16 and 17 of The Army Act, 1950 read with Rule 8 and 9 of the Army Rules 1953. Appointed by the Central Government under Section 5 of the Indian Military Nursing Service Ordinance, 1943.
7. Officers in the MNS and other Services/ Arms are combatants according to the Rule 8 of the Army Rules, 1953. Not applicable
8. Terms and conditions of service are set by the relevant Army Instructions issued after the commencement of The Army Act, 1950 (22nd July 1950). Terms and conditions of service in IMNS were set by the Ordinance and the Rules made thereunder issued before 22nd July 1950.
9. All the Sections of the Army Act, 1950 applies without any adaptations and modifications to officers in the MNS/ Other Services/ Arms. Only clause (d) of section 30 and clause (i) of section 39 of The Indian Army Act, 1911 applied to offences committed by the members of the IMNS.
10. Any Indian national, subject of Nepal or any individual in whose favour a declaration of eligibility has been issued by the Govt. of India is eligible for commissioning. According to Section 6(1) of the Indian Military Nursing Service Ordinance, 1943 only Indian Citizens are eligible for appointment in the IMNS.

11. Liable to serve with Army, Navy and Air Force in any part of the world. Liable to serve only with the forces and persons subject to The Indian Army Act, 1911.
12. Officers in the MNS use same rank designations as in other Services/Arms of the Army. Members of the IMNS were ranked as Ward Sister, Senior Sister, Matron etc.
13. The minimum age for commissioning in the MNS is only 20 years. According to Section 6(1) of the IMNS Ordinance, 1943 age shall be above 21 years.
13. According to Para 733 (b) of the Regulations for the Army, 1987 officers in the MNS ranks equally with male officers. Not applicable being an auxiliary force.
15. MNS is currently a Corps/ Service of the regular Army. IMNS cease to exist on the repeal of The Indian Army Act, 1911 (22nd July 1950).

15.09.1943 The Central Government constituted a force called the IMNS, as part of the armed forces of the Union, through the Indian Military Nursing Service Ordinance, 1943 (30 of 1943).

26.01.1950 The Parliament through the Adaptation of Laws Order (A.L.O.), 1950 amended the Indian Military Nursing Service Ordinance, 1943 on the Country becoming a Republic.

22.07.1950 The Indian Army Act, 1911 stood repealed; and the Army Act, 1950came in to force, vide Notification No. S.R.O. 120, dated 22 July 1950, Gazette of India, Part-II, Section-4; and the IMNS as a force cease to exist in the Army. IMNS Ordinance, 1943 stood implied by repealed.
12.08.1950 The Government of India issued the Army Instruction 274/50, to set the terms and conditions of service for the grant of regular commissions in the MNS forming part of the regular Army, subject to the Army Act, 1950, and the members of the erstwhile IMNS stood absorbed as officers in the MNS. There was no IMNS after this at all.

23.11.1954 The Central Government made the Army Rules, 1954 and brought the corps/service called MNS under the Army Rules along with every other Corps/ Service of the regular Army.

07.05.1955 The Commander-in-Chief (Change in Designation) Act, 1955; 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. This mere change of designation cannot raise IMNS ordinance 1943 which stood already repealed impliedly.

03.01.1959 Through the Army Instruction 4/59, the Government of India re-designated the rank of the officers in the MNS to conform

to the nomenclature used by the other officers of the regular Army.

1963 After having re-designated the rank in the MNS by the Government, the Chief of Army Staff through Army Order 501/63 laid down that the MNS Officers are required to salute and are entitled to salutes in the manner as other Commissioned Officers of the Army.

1973 The Chief of Army Staff through the Army Order 120/73; laid down the order of precedence of the Arms/ Services and Units of the Army including the MNS.

23.03.1973 The Chief of Army Staff through Army Order 353/73 cancelled the Army Order 501/63 and laid down that the MNS Officers are required to salute and are entitled to salutes in the same manner as other Commissioned Officers.

15.03.1982 The Chief of Army Staff through the Army Order 11/82 laid down the order of precedence of the Arms/ Services and Units of the Army including the MNS and the cancelled the earlier Army Order 120/73 on the subject.

1985 The Army proposed to the 4th Central pay Commission for granting the same rank based pay scales to officers in the MNS as for other Service officers.

05.12.1986 The Government of India issued the Defence Service Regulations, Regulations for the Army, 1987 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.

06.12.1993 The Government of India amended the Army Rules 1954 and inserted the Rule 16A dealing with the retirement of officers of the regular Army from all Corps/ Services including the MNS.

1995 The Army proposed to the 5th Central pay Commission to introduce rank pay to officers in the MNS as available for other service officers.

09.02.2004. The Army vide letter no. B/42706/MNS/AG/CW-1 dated 9th February 2004 changed the olive green shirt and pants (like other officers in the Army) worn by the officers in the MNS to safari style beige colour uniform. From this date onwards officers in the MNS were being discriminated against by perpetuating grave gender injustice. The change of uniform/rules introduce to tell officers in the MNS that “you are not our equals”.

18.10.2005. The Chief of the Army Staff without stating the reason disallowed the display of star plates and flying of flags by the officers in the MNS of the rank of Brigadier and Major general on their official vehicles. This again is grossly discriminatory.

20.06.2008.The Chief of the Army Staff wrote to the Cabinet Secretary against granting the same pay band and grade pay to officers in the MNS as for the other service officers as recommended by the 6th Central Pay Commission.

30.08.2008 The Government of India through the Gazette of India, dated 30 August 2008, Part-I, Section 3, Para 1(xi), laid down that the Grade pay to determine seniority of posts only within a cadre’s hierarchy and not between various cadres.

13.10.2014 The Law Commission of India in its Report No. 249 recommended for specific repeal of the Indian Military Nursing Service Ordinance, Ordinance 30 of 1943 with amendments to the existing law in the form of suitable amendments to the Army Act, 1950 to incorporate provisions pertaining to members of the IMNS.
2015 The Army authorities sets up/refers to various Committee reports for amendments to Army Rules, 1954; Regulations for the Army, 1987; Army Orders 353/73 and 11/82 etc. and also re-designate the ranks in the MNS, disallowing army officer rank insignias and segregation of family accommodation etc. to discriminate the officers in the MNS from other officers of the regular Army to mete out invidious discrimination to the officers in the MNS from other officers of the regular Army in gross violation of Art. 14 and Art.15 (1) of the Constitution.

14.7.2015 The petitioners handed over a representation to the Defence Minister to have the IMNS Ordinance, 1943, specifically repealed without any amendment to the existing law as the IMNS and MNS are two different legal entities, and to issue the necessary clarifications that under the existing provisions of the law, the officers in the MNS are officers of the regular Army, under the Army Act, 1950, and not to go ahead with the proposals of the Army authorities, which mate out invidious discrimination to the officers in the MNS and thereby causing gross gender injustice to them infracting under Art. 14 and 15 (1) of the Constitution.
Hence this Writ Petition primarily for a Writ of Prohibition prohibiting any gender injustice and violation of the nurses fundamental right to equality by depriving them of their existing rights which inured to their benefit from 1950 to up-to-date. When one’s Fundamental Right is about to be infracted, a Citizen has the right to approach this Hon’ble Court to prevent that infraction which place grossly prejudicing his or her rights.
Hence this Writ Petition issuance of a Writ for prohibition and for other reliefs.

August, 2015 The serving officers in the MNS from the regular army have represented before the authorities of Army protesting against the proposed move of the army however the serving officers due to their limitations of service are unable to take up the matter due to their service compulsions.

HENCE THIS PETITION

IN THE SUPREME COURT OF INDIA
( CIVIL ORIGINAL JURISDICTION)
WP (C) No.__________ of 2015.
In the matter of:
MNS Corps Association,   …PETITIONER
VS
The Union Of India,
Through, Its Secretary,
Ministry of Defence,
South Block, New Delhi . …RESPONDENT.

To,
The Hon’ble Chief Justice and
His Companion Judges of
Hon’ble Supreme Court of India, at New Delhi

WRIT PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA

MOST RESPECTFULLY SHEATH AS UNDER:

1. That the present petition under Article 32 of the Constitution of India is being filed for protecting the dignity, honour and status of the women officers serving in the MNS which is forming part of the Regular Army since the enactment of the Army Act, 1950 as a Corps of the Army and is separate and distinct from the erstwhile IMNS. The IMNS Ordinance, 1943 became inoperative and redundant after the enactment of the Army Act, 1950 and the auxiliary force called IMNS ceased to exist in the Army, whereas the MNS as created by the Army Instruction 274/50 forms part of the Regular Army and is under the Armed Forces Medical Services alongwith Army Medical Corps and Army Dental Corps.

1A. That the fundamental rights of the persons involved is being violated, the present petition is being filed directly without making any representation to any authority.

2. QUESTIONS OF LAW:

A. Whether, the respondents can take away the existing rights and status of the serving officers in the MNS under the garb of repealing the redundant IMNS Ordinance illegally when the officers of MNS are part of regular army and governed by the provisions of The Army Act, 1950?

B. Whether, the proposed act of changing the status of the officers in the MNS in Indian Army is not illegal, discriminatory, arbitrary and a colourable exercise of the powers by the respondents?

C. Whether the officers in the MNS who are commissioned by the President of India and taken oath to serve in the regular Army can be treated as members of an auxiliary force when under the Army Act, 1950 they are officers of the regular Army as defined under The Army Act, 1950?

D. Whether, the officers in the MNS are not entitled to be treated at par with other officers of the regular Army when they are commissioned into the regular army under the Army Act, 1950 and Rules made there under like other regularly commissioned officers of the army for their services to the nation?

E. Whether, the proposed move on behalf of the respondents is not illegal, arbitrary wherein the respondents are now trying to create an auxiliary force out of the MNS by misusing their autonomy granted under the Army Act, 1950?

F. Whether, the provisions of IMNS Ordinance, 1943 can be made applicable on the officers in the MNS who are officers of the regular Army subject the Army Act, 1950 and the Rules made thereunder; when the said Ordinance applied only to the members of the IMNS and cannot be foisted upon the members of MNS after operation of the Army Act, 1950?

G. Whether, in the absence of any Special Gazette of India notification under Section 4(1) of the Army Act, 1950 how the respondents can violate the law made by the Parliament in so far as to change the name of the IMNS to MNS; set the terms and conditions of service in the MNS through Army Instruction 274/50, re-designated the rank structure in the MNS through Army Instruction 4/59 to grant the same rank designations applicable to the officers of the regular Army, and treated the officers in the MNS as officers of the regular Army?

H. Whether, the IMNS Ordinance can be made applicable to the officers in the MNS when the said Ordinance applies only the provisions of the Indian Army Act, 1911 (which now stands repealed) to members of the IMNS, and no notification under Section 4(1) of the Army Act, 1950 was ever issued for the application of the Act to the members of the IMNS?

I. Whether, the Chief of the Army Staff (hereinafter referred as COAS) under the Army Act, 1950 has any powers to adapt and modify the provisions of the Army Act, 1950 to apply to the members of the IMNS who were subject to the provisions of the IMNS Ordinance, 1943 and the Indian Army Act, 1911?

J. Whether, the proposed move on behalf of the respondents is not illegal, hostile discrimination towards the officers in the MNS who are officers of the regular army by virtue of the provisions of the Army Act, 1950 and Rules made thereunder; could their status be changed under the garb of repealing the redundant IMNS Ordinance, 1943?

K. Whether, the proposed move on behalf of the respondents for Amendment of Rule 16A of the Army Rules, 1954, modify the provisions as contained under Regulations for the Army, 1987 (Para 32, 58, 65, 66, 67, 75, 76, 77, 81, 105, 109, 255, 341, 618, 619, 621, 733 and 1394), amendments/ withdrawal of Army Orders 353/73, 11/82, change of surety bond for training, segregation of family accommodation,is not illegal, unconstitutional, arbitrary as no such modification was ever made to bring the IMNS Ordinance under the Army Act, 1950 at any stage hence the recommendations of the Law Commission of India only require the repeal of the IMNS Ordinance, 1943 and no corresponding change in any other law, statute which can affect the service conditions of the officers in the MNS?

L. Whether the women officers serving in the MNS are being discriminated due to the prejudices or stigma attached to their jobs; regardless of the fact that the Government of India over the years has made many positive changes in the conditions of service of women officers serving in other Corps/Service/Branches of the regular Army?
3. AVERMENTS:

3.1. That the petitioner is a representative body of the veterans of Military Nursing Service (MNS) and is a registered society under the Indian Societies Registration Act, 1860.

3.2. That the present petition is being filed to protect the status and rank of the serving officers of the MNS numbering around 4600 who are unable to approach the court due to their service conditions and are being treated unfairly by the Army and are being discriminated due to the prejudices and stigma attached to their job and now the Army is bent upon changing their status from that of officers of the Regular Army to auxiliary forces under the garb of repealing the obsolete IMNS Ordinance, 1943.

3.3. That 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, 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 veterans who are members of this society; who have dedicated their long years of services to the nation through MNS.

3.4. That the present Petition is being filed through the President of the Petitioner society who has been specifically authorized to file the present petition on behalf of the society, the copy of the resolution of the Executive Committee of the society is marked and annexed herewith as ANNEXURE-P-1. Page No.

3.5. That on 15th September 1943: The British Government constituted a force called the Indian Military Nursing Service (IMNS), as an auxiliary force part of the armed forces of the Union, through the Indian Military Nursing Service Ordinance, 1943 (30 of 1943) which was during the British era of rule on India to handle the situation arising out of the Second World War. The Military Nursing Services (India) Rules were also framed in 1944 thereafter. The copy of the said Indian Military Nursing Ordinance, 1943 and the Military Nursing Services (India) Rules is marked and annexed herewith as ANNEXURE-P-2 page No. & ANNEXURE-P-3 page No.

3.6. That on 22nd July 1950, The Indian Army Act, 1911 stood repealed; and the Army Act, 1950 came in to force, vide Notification No. S.R.O. 120, dated 22 July 1950, Gazette of India, Part-II, Section-4; and the IMNS as a force cease to exist in the Indian Army. With the enactment of the Army Act, 1950, Military Nursing Services was created as a part of Armed Forces Medical Services (AFMS). Alongwith Army Medical Corps and Army Dental Corps a regular cadre of Nursing Services was created which replaced the erstwhile IMNS. It is important to submit that all these services were created primarily as “Non Combatant Services”. The serving officers of IMNS became the cadre of the Nursing Services named as MNS forming part of the regular army. The respondent on 12th August 1950, issued the Army Instruction 274/50, to set the terms and conditions of service for the grant of regular commissions in the MNS. Subsequently, on 24th Nov 1954, the Central Government framed the Army Rules, 1954 accordingly all other wings of Army including the MNS came under the purview of the Army Act and the Rules framed therein. It is important to mention here that the Army Act or the Rules framed thereunder did not mention the name of IMNS anywhere as it became redundant after the creation of the MNS; whereas the MNS is mentioned in the Army Rules. The Army instruction No. 274/50 is marked and annexed herewith as ANNEXURE-P-3. Page No.

3.7. That on 3rd January 1959, the Government of India issued Army Instruction 4/59, and re-designated the rank of the serving officers in the MNS to conform to the nomenclature used by the other officers of the regular Army, the copy of the Army Instruction No. 4/59 is being filed herewith as ANNEXURE-P-5.

3.8. That in the year 1963, after having re-designated the rank in the MNS by the Government, the Chief of Army Staff through Army Order 501/63 laid down that the MNS Officers are required to salute and are entitled to salutes in the manner as other Commissioned Officers of the Army. Subsequently the same was cancelled through Army Order 353/73 and further laid down that the MNS Officers are required to salute and are entitled to salutes in the same manner as other Commissioned Officers. It also mentioned certain conditions in which they are not required to return the salutes. Photocopy of the Army Order 353/73 is marked and annexed herewith as ANNEXURE-P-6. Page NO.

3.9. That subsequently 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 15th March 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. The Para 7 of the aforesaid Order of Precedence reads as:
“7. Medical Services
(a) MNS
(b) AMC
(c) ADC”

3.10 That like the other officers of regular army, the officers in the MNS is also required to take the attestation under Section 16 of the Army Act, 1950; which reads as,
“Persons to be attested. -The following persons shall be attested, namely:

(a) All persons enrolled as combatants;

(b) All persons selected to hold a non-commissioned or acting non-commissioned rank, and

(c) All other persons subject to this Act as may be prescribed by the Central Government”.

All the officers in MNS are administered the oath or affirmation before commissioning in accordance with the Section 17 (1) of the Act, which reads as,

“When a person who is to be attested is reported fit for duty, or has completed the prescribed period of probation, an oath or affirmation shall be administered to him in the prescribed form by his commanding officer in front of this corps or such portion thereof or such members of his department as may be present, or by any other prescribed person”

According to Rule 8 of the Army Rules, 1954,

“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”.

3.11. That like officers from every other Corps/ Service of the Regular Army, the officers in the MNS also 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 of the Act, which is as given in Rule 9 of the Army Rules, 1954 and reproduced in Army Order 127/50, reads as under:

“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”.

3.12. The same oath as reproduced in the Army Order 127/50, is required to be taken by every officer of the regular Army at the time of commissioning in the regular Army. As the officers in the MNS are officers of the regular Army they are being made to make and subscribe the same oath from the commencement of the Army Act, 1950.

3.13. That the officers of MNS are commissioned by the President and not by the Order of the Central Government hence they are officers of the regular army, besides this the service conditions, methods of dealing with delinquency etc are required to be carried under the Army Act, 1950 in the similar manner as other officers of the regular Army.

3.14. That under the Army Act, at the time of commissioning the officers in the MNS are required to sign a form of agreement as given in annexure ‘D’ to Army Instruction 61/77. According to Para 2 (d) of the said agreement if they are found guilty of ‘insubordination’ the Government shall have the right to terminate their service at any time without prior notice. The ‘insubordination’ is an offence defined Section 42 of the Army Act, 1950.The copies of the said agreement signed by the officers in the MNS on commissioning are marked and annexed herewith as ANNEXURE-P-7. Page No.

3.15. That , all the officers of regular Army are required to sign a certificate under the Indian Official Secrets Act, 1923 on being granted commission in the Army. As the officers in the MNS are officers of the regular Army they also required to sign the same certificate as other officers of the regular Army at the time of commissioning.

3.16. All officers of the regular Army including those in the MNS were issued with a certificate signed by the President of India as per the format given in Appendix D to Para 151 of the Regulations for the Army, revised edition 1987; and previously under the corresponding Para of the Regulations, 1962 edition. The said certificate from the President, which 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”.

3.17. That all the officers of Indian Army are appointed and promoted by the President of India including those serving in the MNS. The relevant Army Instructions which were issued from time to time for establishing the various services/ branches of the Army contains such provisions. In the case of MNS, such provisions are contained in Para 8 of the Army Instruction 274/50, which rereads as,
“Appointments, confirmation, substantive promotion and relinquishment of commission will be notified in the Gazette of India”.

Accordingly such notifications regarding appointments, confirmation, substantive promotion and relinquishment of commission of officers in the MNS were also done through Gazette of India notification issued by the Ministry of Defence under Army Branch as Regular Army in the name of Military Nursing Service.

3.18. That to create parity with the officers from other cadres of regular army with those in the MNS, in the year 1985, the Army through the armed forces pay commission cell proposed to the 4th Central pay Commission for granting the same rank based pay scales to officers in the MNS as for other Service officers. The copy of the relevant part of the 5th pay commission report mentioning the 4th Pay Commissions recommendations is marked and annexed herewith as ANNEXURE-P-8. Page No.

3.19. That on 5th December 1986, the Government of India issued the Regulations for the Army, revised edition 1987 for the administration of the regular Army in supersession of the Regulations for the Army, 1962 edition. The said revised Regulations also deal with the matters concerning the administration of every Corps of the regular Army including the MNS. The MNS finds mention alongside the Corps/Services of the Army in every relevant portion. The duties and responsibilities of Director of Nursing Services (now ADGMNS) are given in Para 32 alongside the similarly placed heads of the Services like Director of Medical Services, Director of Dental Services, Judge Advocate General and Provost Marshal (Para 30 to 34 of regulations of the Army, 1987). The ADGMNS has similar duties and responsibilities like head of any other Corps of the Army.

3.20. That Para 57 of the Regulations for the Army mentions the appointments to the Regular Army, whereas the Para 58, 59 and 60 laid down the criteria for appointment in the MNS, Army Medical Corps (Non-Technical) and the Special List of Officers respectively. The promotion of the officers belonging to every Corps/ Service of the regular Army including the MNS is given in Para 65, 66 and 67. The tenure admissible in the substantive rank of Brigadier and above and the rules governing them concerning all officers of the regular Army including the MNS is given in Para 75. The age limits for compulsory retirement of all officers of the regular Army is given in Para 76 of the Regulations.

3.21. The Para 77 laid down that Special List, JAG branch, MNS and Regimental Commissioned Officers are exempted from attending basic young officers course. The Para 81 exempted all Engineers (seconded to survey of India), AMC, ADC, MNS, RVC, MF, AEC, JAG, Regimental Commission, Special List, EMAE (SA) officers from certain promotion examinations.

3.22. The constitution and duties of selection boards for commissioning in the AMC, ADC and MNS is given in Para 109. There is no services selection board (SSB) interview for the doctors, dentists and nurses for appointment in the regular Army; whereas rest of the officers in the Army undergoes a selection system involving SSB interview. The other types of promotion boards dealing with their subsequent promotions are also given in Para 109 of the regulations.

3.23. The Para 255 of the Regulations made the Director General Armed Forces Medical Services responsible for the professional training of the officers in AMC, ADC and MNS. The same Para address the MNS as a Corps/Service (of the regular Army). The Para 341 addresses the Officers in the MNS as Army Officers and made it mandatory for them to seek permission of the President for accepting certain employments post retirement/ release from the Army just like any other officer of the regular Army.

3.24. The Personal Numbers of all officers of the Army including that of the MNS are issued as laid down in Para 608. The Records of Service of all Commissioned Officers in the Army including those in the MNS is maintained on form IAFZ-2041. The Annexure-II to IAFZ-2041, Part-I ‘Personal Particulars’ has been reproduced with additions in Appendix ‘C’ to Special Army Order (SAO) 4/S/88. The Para 619 laid down the procedure for maintaining the same in respect of all other officers of the regular Army other than officers of the Medical, Dental and Nursing Services. The procedure for maintaining the records of service of the Medical, Dental and Nursing Officers on form IAFZ-2041 is laid down in Para 621 of the regulations. Photocopy of the relevant pages of Records of Service on form IAFZ-2041of an officer in the MNS is marked and annexed herewith as ANNEXURE-P-9.Page No.

3.25. The Para 733 of the regulations laid down the order of precedence and the corresponding ranks of commissioned officers of the Army, Indian Navy and Indian Air Force. The Para 733 (b) further laid down that, ‘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’.

3.26. The admissibility of the free rations is laid down in Para 885 (a) of the regulations. The officers in the MNS are entitled and are provided with free rations in the similar manner as applicable to the other officers of the regular Army. The change of names procedure for officers of the Army including those in the MNS is given in Para 1394 of the regulations.

3.27. The Para 32, 58, 65, 66, 67, 75, 76, 77, 81, 105, 109, 255, 341, 618, 619, 621, 733 and 1394 of the Regulations for the Army irrefutably established the status of the women officers serving in the MNS as officers of the regular Army.

3.28. That on 6th December 1993 through SRO 17E, The Government of India amended the Army Rules 1954 and inserted the Rule 16A, that is provisions for the retirement of officers belonging to every Corps/ Service of the Regular Army including that of the MNS. Whereas, there is no specific mention made to the MNS under the definition of “officer” as given in Section 3 (xviii) of the Army Act, 1950. The very fact that there is no specific mention made to any Corps/ Service forming part of the regular Army including the MNS, under Section 3 (xviii) of the Army Act, irrefutably means that officers in the MNS are officers of the Army. Further, the officers in the MNS are addressed as “officers”, in the same manner as the officers from the other Corps/ Services of the regular Army.

3.29. That the President of India offers Commission in the Regular Army to the candidates selected for the pre-commissioning B.Sc Nursing course and other training. The father/ guardian of the candidates selected as Nursing Cadets in the Colleges of Nursing under the AFMS for undergoing B.Sc Nursing Course has to execute a Surety Bond which is titled as,
“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”
Reads as,
“1. This agreement made on ………………day of ………… between………………………..son of ……………………… R/o (full address)……………….. and father of the minor Stipendiary BSc (Nursing ) student ………………………(here in after called the Guardian which expression shall include his heirs, executors and administrators) of the First Part and Shri……………………………. Son of ………………..R/o (Full address)………………………….. (here in after called the surety which expression shall include his heirs, executors and administrators) of the second Part and the President of India (here in after called the Government) of the Third Part.
2. Whereas ……………………………. the stipendiary B.Sc (Nursing) student has been selected by the Government for admission to the B Sc. (Nursing) course, at the Colleges of Nursing, Armed Forces and exempted from payment of tuition fees, boarding and lodging charges and would be awarded stipend every month an amount as would be decided by Government from time to time with a view to her being granted Permanent Commission /Short Service Commission as a Nursing Officer in the Regular Army provided she is considered suitable by the Government in all respects for being commissioned as aforesaid and on the number of vacancies available and existing at that time.
3. Now this deed witnessed and the parties hereto hereby agree as follows:
(a) That in consideration of the Stipendiary B.Sc (Nursing) student being admitted as Stipendiary by the Government to the Colleges of Nursing, Armed Forces for the purpose of obtaining the B.Sc (Nursing) Degree, the Guardian and the Surety covenant with the Government that the Stipendiary B.Sc (Nursing) student will attend the Colleges of Nursing, Armed Forces and Such other training as the Government may determine from time to time for prescribed periods until she successfully completes her B.Sc (Nursing) course and is declared fit (as to which the decision of Director General Armed Forces Medical Services shall be final) to be granted Permanent Commission/Short Service Commission and that the Stipendiary B.Sc (Nursing) student with, if offered a Permanent Commission/Short Service Commission as Nursing Officer in the Regular Army, accept such Commission unless she the Stipendiary B.Sc (Nursing) student is prevented from doing so on account of ill health or some other reasons over which she, the Stipendiary B.Sc (Nursing) student has no control (as to which the Government shall be the sole judge) or by being removed on the ground that the Stipendiary B.Sc (Nursing) student is considered by the said appropriate authority to be unfit to continue as a Stipendiary B.Sc (Nursing) student or on any other ground to be granted a Permanent Commission/Short Service Commission”.

3.30. That 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 Para 2 and 3 of the aforesaid pre-commissioning training Bond. The amendments which are proposed by the Army are currently pending with the Ministry of Defence. The proposed amendment to Part of Sentence No. 1 at Para 2 is by substituting,
“with a view to her being granted Permanent Commission /Short Service Commission as a Nursing Officer in the Regular Army”
With,
“with a view to her being granted Permanent Commission /Short Service Commission as a Nursing Officer in Military Nursing Service of Regular Army”
The Part of Sentence No. 1 at Para 3(a) of the said Bond by substituting,
“if offered a Permanent Commission/Short Service Commission as Nursing Officer in the Regular Army”
With,
“if offered a Permanent Commission/Short Service Commission as Nursing Officer in Military Nursing Service of Regular Army”

3.31. That in the year 2004 vide letter no. B/42706/MNS/AG/CW-1 dated 9th February 2004 the uniform worn by the officers in the MNS was changed to safari style beige colour uniform. Previously the officers in the MNS were entitled and were wearing the same uniform as applicable to the other officers of the regular Army. It is important to state that issuance of such letters is a practice under the Army Act, 1950. The said was challenged by one of the officers of MNS and the matter went upto Supreme Court, however the respondents dishonestly mixed up the facts and cited the provisions of IMNS Ordinance falsely before the Supreme Court, and as a result of the same, the court held the said notification as valid. The comparative table showing the difference between the IMNS and MNS officers is being given hereunder which is self explanatory and explicit in all terms and removes the cloud created around the same:
Sl No. MNS/Other Services/ Arms of the regular Army IMNS
1. Officers in the MNS/Other Services/ Arms are subject to The Army Act, 1950 and Rules made thereunder. Subject to the IMNS Ordinance, 1943, and The Indian Army Act, 1911 and the Rules made thereunder.
2. MNS/Other Services/ Arms forms part of the regular Army. IMNS was an auxiliary force part of the armed forces.
3. Officers in the MNS and other Services/ Arms are officers of the regular Army. Members of the IMNS were auxiliary forces supporting the regular Army.
3. The officers of MNS like all other officers of regular army are to be Attested as provided in Section 16 of the Army Act, 1950 on commissioning. Not applicable
5. The officers of MNS like all 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, 1953. Not applicable
6. The officers of MNS like all other officers of regular army commissioned by the President of India in accordance with Section 10, 16 and 17 of The Army Act, 1950 read with Rule 8 and 9 of the Army Rules 1953. Appointed by the Central Government under Section 5 of the Indian Military Nursing Service Ordinance, 1943.
7. Officers in the MNS and other Services/ Arms are combatants according to the Rule 8 of the Army Rules, 1953. Not applicable
8. Terms and conditions of service of the officers of MNS like all other officers of regular army are set by the relevant Army Instructions issued after the commencement of The Army Act, 1950 (22nd July 1950). Terms and conditions of service in IMNS were set by the Ordinance and the Rules made thereunder issued before 22nd July 1950.
9. All the Sections of the Army Act, 1950 applies without any adaptations and modifications to officers in the MNS/ Other Services/ Arms. Only clause (d) of section 30 and clause (i) of section 39 ofThe Indian Army Act, 1911 applied to offences committed by the members of the IMNS.
10. Any Indian national, subject of Nepal or any individual in whose favour a declaration of eligibility has been issued by the Govt. of India is eligible for commissioning in MNS like all other branch of regular army. According to Section 6(1) of the Indian Military Nursing Service Ordinance, 1943 only Indian Citizens are eligible for appointment in the IMNS.

11. The officers of MNS like all other officers of regular army liable to serve with Army, Navy and Air Force in any part of the world. Liable to serve only with the forces and persons subject to The Indian Army Act, 1911.
12. Officers in the MNS use same rank designations as in other Services/Arms of the Army. Members of the IMNS were ranked as Ward Sister, Senior Sister, Matron etc.
13. The minimum age for commissioning in the MNS is only 20 years. According to Section 6(1) of the IMNS Ordinance, 1943 age shall be above 21 years.
13. According to Para 733 (b) of the Regulations for the Army, 1987 officers in the MNS ranks equally with male officers. Not applicable being an auxiliary force.
15. MNS is currently a Corps/ Service of the regular Army. IMNS cease to exist on the repeal of The Indian Army Act, 1911 (22nd July 1950).

3.32. That in the year 2005 vide letter No. 42127/AG/CW-1 dated 18th October 2005 the Chief of the Army Staff without stating the reason directed that the display of star plates and flying of flags by the officers in the MNS of the rank of Brigadier and Major general on their official vehicles are not approved. The said letter was again challenged by one of the officer in the MNS, Major General UshaSikdar then ADGMNS by way of W.P. (C) No.4485 of 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 as C.A. No.24485/2010, the copy of the orders dated 30/3/2010 in the TA NO. 2011/2011 & WP NO. WP(C) No. 4485 is filed marked and annexed herewith as ANNEXURE-P-10. Page No.

3.33. According to Article 22, Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field. Geneva, 12 August 1949, to which India is a signatory; which reads as,
“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.”

3.34. 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.

3.35. The Army in order to discriminate the officers in the MNS from other officers of the regular Army has stopped giving them the arms training, and 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 in the MNS. India’s first gold medal in a women’s event at the Common Wealth Games 2006 was won by Major SarojaKumariJhuthu 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 MNS.

3.36. That the Army has earlier been writing to the Chairman of the Pay Commission, Cabinet Secretary for reduction of the pay scales of the officers of MNS accordingly, the 5th pay commission had recommended lower pay scales to the officers in the MNS.

3.37. That the 6th Central Pay Commission however provided an equitable and equal pay scales to the officers in the MNS thereby specifically granting equal status to the officers in the MNS which was specifically mentioned in Para 2.3.20 of the report, the copy of the Para 2.3.20 of the 6th Central Pay Commission is marked and annexed herewith as ANNEXURE-P-11. Page No.

3.38. That in the year 2008, the 6th Central Pay Commission 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. The Commission further recommended that as the officers in the MNS are not primarily meant for combat duties the rates of Military Service Pay for them should be kept suitably lower. The commission also extended the scheme of time bound promotions upto the level of Lieutenant Colonel, already available to the Service Officers to the officers in the MNS. The copy of the relevant portions of the 6th Central Pay Commission report is marked and annexed herewith as ANNEXURE-P-12. Page No.

3.39. That on 30th August 2008, The Government of India through the Gazette of India, dated 30 August 2008, Part-I, Section 3, Para 1(xi), laid down that the Grade pay to determine seniority of posts only within a cadre’s hierarchy and not between various cadres; hence the officers in the MNS to rank equally with male or women officers of the same titular rank regardless of their slightly lower grade pay. The copy of the relevant portion of the gazette notification is herewith as ANNEXURE-P-13.Page No.

3.40. That since the officers in the MNS are granted commissioned rank they fall under the term “combatants” under this Rule (Rule 8 of Army Rules 1954). Hence the officers in the MNS are combatants just like all other officers of the regular Army; though like other women officers in the Army they are also employed in jobs which are primarily non-combatant in nature.

3.41. That according to Section 9(1) of the IMNS Ordinance 1943; which reads as:
“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”.

3.42. 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:-
“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.”

3.43. 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” 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. However 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.

3.43. 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”.

3.45. 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 bought 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 12th August 1950; Para (1) of which reads as,
“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”.

3.46. Section 6(1) of the Ordinance reads as,
“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”.

3.47. According to Army Instruction 274/50, “Terms and conditions of service for grant of the regular commissions in MNS”, Para 2, reads as,
“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”

3.48. 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”.

3.49. Presently the age limit for grant of commission in the MNS is 20 years set vide Army Instruction 3/98. The copy of the said Army Instruction is being marked and annexed herewith as ANNEXURE-P-13. Page No.

3.50. That the Central Government did not issue any Gazette of India notification under Section 4(1) of the Army Act, 1950; to apply the Act to the Officers of the IMNS, as it appears in the Law Commission Report. The Section 4(1) of the Army Act, 1950; reads as,
“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”.

3.51. 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 the service of, or are followers of, or accompany any portion of the regular Army”

3.52. That members of the erstwhile ‘IMNS’ were brought under the Army Act, 1950 as officers of the regular Army, after the issuance of the Army Instruction 274/50 ‘MNS’ became a separate legal entity being a part of the regular army; different from the ‘IMNS’.

3.53 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.

3.53. The provisions of the Army Act, 1950 applies to the MNS, is an undeniable fact as seen from Rule 16A of the Army Rules, 1953. 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;”

3.55. According to Section 5 of the Indian Military Nursing Service Ordinance, 1943, as on 21st July 1950 the Officers of the IMNS were of commissionedrank; reads as,
“All 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”.

3.56. 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”.

3.57. 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’ cease to exist in the Army, though the Indian Military Nursing Service Ordinance, 1943 is still in force, as the members of the force were made part of a separate legal entity forming part of the regular Army named the ‘MNS’.

3.58. The Section 12 of the Army Act, 1950; reads as,
“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”.

3.59. Such a notification was not necessary in the case of women officers serving in the MNS, as immediately before commencement of the Act (22nd July 1950) they were existing in the Army as the IMNS.

3.60. Further the officers in the MNS come under the definition of regular Army. The Section 3 (xxi) of the Army Act, 1950; reads as,

“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;”

3.61. It is brought out that women officers serving in the MNS are officers under Section 3(xviii) of the Army Act 1950; and provisions of the Act, applies to them under Section 2(1)(a) of the Act, and they are part of the regular Army. They are by their commission, liable to render continuously for a term military service to the Union in any part of the world. Further the Government of India in the year 1950 had amended the ‘terms and conditions of service of the officers of the MNS through Army Instruction 274/50; Para (1), reads as,
“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”.

3.62. The irrefutable facts which emerges from the Bond Signed by the Father or Guardian of a Minor Girl admitted for the pre-commissioning B.Sc Nursing Course and other training at the Colleges of Nursing of AFMS shows that the President of India offers Commission in the Regular Army to the candidates selected for pre-commissioning training as Nursing Cadets; when such Nursing Cadets are commissioned as officers in the MNS they are made to take oath or affirmation under Section 16 of the Army Act, 1950 in the manner provided in Section 17 of the Act, as given in Rule 9 of the Army Rules, 1954 and reproduced in Army Order 127/50, that is to duty bound, honestly and faithfully serve in the regular Army of the Union of India. Further, the commissions in the MNS are granted under the provisions of Section 10, 16 and 17 of the Army Act, 1950, read with Rule 8 and 9 of the Army Rules, 1954, which is as officers of the Regular Army like any other Arms / Services of the Army.

3.63. The MNS is a Corps as given in Army Rules, 1954, Rule 187(1)(y); reads as,
“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 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.”

3.63. Section 3(vi) Definitions of the Army Act, 1950; reads as,
“In this Act, unless the context otherwise requires,- (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;”.

3.65. 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 Order, AO 11/82 which laid down the order of precedence of the Arms/ Services and Units of the Army. In which the MNS is placed first among the Medical Services which includes the Army Medical Corps and Army Dental Corps. This order was in view of the status of the ‘MNS’ as a Corps of the regular Army.

3.66. That the officers in the MNS are officers of the regular Army, and that they are under the Army Act, 1950 and the Rules made thereunder. They take the same oath as other officers of the Army to duty bound, honestly and faithfully serve in the regular Army of the Union as given in the Army Order 127/50 which is a reproduction of the Rule 9, Army Rules, 1953. Their appointments and promotions are notified in the gazette of India like other commissioned officers, and they were issued with a certificate from the President of India on commissioning. Their Records of Service is maintained on form IAFZ 2041; Medical Records are maintained on Health Record Card (Officers of the Indian Army) as given in Annexure 1 to Appendix ‘C’ to Army Order 48/78 as for other commissioned officers of the Army.

3.67. The Ministry of Defence, Government of India from time to time publishes the Army List. The Army List contains the complete list of officers of the regular Army. In the Army List, the officers in the MNS, AMC and ADC are listed under the Medical Services. The Army List is the authority when it comes to decide on the inter se seniority among the officers of the regular Army. Further, the officers in the MNS are issued with the same Identity Cards on form IAFZ 2015 like other officers of the regular Army. They get the same rations which is as authorised for the officers of the Army by the Para 885(a) of the Regulations. They have the same entitlements like any other officer in the Canteen Stores Department Canteens. Their pay account is also maintained by the same Controller of Defence Accounts Pune as for other officers.

3.68. The MNS is one of the three constituents of the Armed Forces Medical Services (herein after referred as AFMS), the other two are Army Medical Corps (herein after referred as AMC) and Army Dental Corps (herein after referred as ADC). The method of selection, training, terms and conditions of service and employability of officers in the MNS, AMC and ADC (herein after referred as AFMS officers) are similar. However the AFMS officers though being officers of the regular Army are not employed in any other duty other than healthcare and related administrative jobs. However the officers from the fighting arms like Infantry, Artillery 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 under the military law all officers of the regular Army have the same status regardless of their parent Arms/ Service. The terms and conditions of service AFMS officers are somewhat comparable to that of the support services like Remounts and Veterinary Corps (herein after referred as RVC), Military Farms (herein after referred as MF), Judge Advocates Generals Branch (herein after referred as JAG) etc; however are very much different from that of the fighting arms like Infantry, Artillery, Signals etc.The officers of AFMS that is officers in the MNS, AMC and ADC, though are officers of the regular Army are primarily selected for their professional capabilities. The comparative table showing the differences between the AFMS officers and officers of other Arms/ Services are being given hereunder which is self explanatory and explicit in all terms and removes all doubts:
Sl No. AFMS Officers (officers in the MNS, AMC and ADC) Officers in the Infantry, Armoured, Artillery, ASC, Ordinance etc.
1. No Services Selection Board Interview for Selection Passing Services Selection Board Interview is mandatory
2. Not tested for the officer like qualities Mandatorily tested for the officer like qualities
3. Selection based on potential for professional training Selection based on officer like qualities
4. Undergoes only professional training as Cadets Undergoes intensive military training as Cadets
5. Undergoes basic military training of 4 – 6 weeks duration after commissioning Military training of 1 – 4 years duration is a pre-requisite for commissioning
6. Employability is limited to hospitals, medical establishments and related administrative appointments No such limitation exists can be posted in any capacity in the Army commensurate with qualifications
7. The Cadre is managed by the Director General Armed Forces Medical Service Under the Military Secretary Army Head Quarters
8. No Basic Young officers course after commissioning in the MNS/AMC/ADC Young officers course after commissioning is mandatory under Para 77 (b) of the Regulations for the Army, 1987
9. Exempted from Promotion examinations under Para 81 of the Regulations for the Army, 1987 Promotion examinations are mandatory under Para 79 of the Regulations for the Army, 1987
10. Separate entrance examination for Nursing and Medical aspirants after 10+2 for training in the armed forces to be commissioned as officers National Defence Academy Examination conducted by the Union Public Service Commission for the 10+2 candidates.
11. Direct Commission for Nursing, Medical and Dental graduates without any Services Selection Board Interview Combined Defence Services Examination, followed by Services Selection Board Interview
12. Transfer from MNS, AMC and ADC to other regiments/ Corps is not permitted Transfer from one regiment or Corps to another regiment or Corps is permitted according to the provisions of the Regulations for the Army, 1987
13. Age of superannuation is higher for Brigadiers and below,compared to the fighting Arms Lower for the Brigadiers and below in the fighting Arms, than the AFMS officers
13. Promotion boards are constituted under the orders of the Director General Armed Forces Medical Services Promotion boards are constituted under the orders of the Chief of the Amy Staff
15. Trained at Armed Forces Medical College, Command Hospitals and other large hospitals etc. Trained at National Defence Academy, Indian Military Academy, Officers Training Academy etc.
16. Personal Number Allotted by the Director General Armed Forces Medical Services Personal Number Allotted by the Military Secretary Army Head Quarters
17. Change of name of the AFMS officers are approved by the Director General Armed Forces Medical Services Change name approved by the Military Secretary Army Head Quarters
18. Tri-Services in character, Nursing, Medical and Dental Officers from the Army are Seconded to the Navy and the Air Force; and when Seconded to the Navy or Air Force their ranks will correspond to equivalent ranks in those Services. Not applicable
19. There is separate 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 Not applicable
20. Nursing, Medical and Dental Officers have special rights to be armed and use the arms in their own defence, or in that of the wounded and sick in their charge under 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.
No such special rights exist for any other Arms/ Services/ Branches of the regular Army under any international law; making the Medical Services of every Countries Armed Forces unique from the rest of their Armed Forces.

3.69. The officers in the MNS, AMC and ADC are officers of the regular Army under the military law, even 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. However, due to the discriminatory policies of the Army being pursued for more than a decade and half; they are able to highlight the differences that exists between the fighting Arms officers with that in the MNS; at the same time covering up such similar differences existing in the officers in AMC/ADC. Further, the Army is trying to bring in differences between officers in the MNS and other officers of the regular Army. They have droppedthe word ‘regular Army’ in the gazette notifications regarding Military Nursing Service, 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, rank designations and also change the current uniform.

3.70. The Army is trying to rewrite the military law to down grade the officers in the MNS from officers of the regular Army to just Nurses. They have successfully introduced many changes over the years which make the officers in the MNS stand out from the other officers of the regular Army. They will not stop until the rule books are re-written 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. Over the years through systematic propaganda they are able to spread lies and covered up the fact that the MNS is part of the regular Army.

3.71. The current generation of the Army officers have been led to believe that the MNS is an auxiliary force under the IMNS Ordinance. They are able to change the majority opinion against the officers in the MNS that now almost everyone in the Army looks down upon them. The institutional apartheid encourages even the personnel below officer rank to ill treat the women officers in the MNS. Because of the sustained propaganda campaign over the years other officers now feels belittled over the fact that the Nurses are also are been given Commissioned Ranks. This is nothing but the most severe form of discrimination found in any organisation.

3.72. That through time the officers in the MNS have done wonderful services as a regular cadre of the Army and have created a distinct identity in the defence services through time and the officers in the MNS have been promoted to the rank of Major General by the dent of their merit and achievements. 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. They 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 stone’s 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.

3.73. That it is an established factor of defence experts that, if the Army exists for war, then casualties are bound to happen. Therefore no Army in the world can exist without an effective mechanism to manage the mass causalities. The Indian Army cannot be an exception.

3.74. Most of the countries after the Second World War have made changes to the Nursing Services of their Army by making the Nurses commissioned officers of the regular Army. They all have Army Officer Nurses for the same reason, that their soldiers can go to war with the firm belief that if they get injured these women will do everything in their powers to care them back to good health. For that, she has to have the necessary resources including personnel like ambulance assistants, nursing assistants, nursing technicians, emergency care and trauma technicians, housekeeping staff and civilian staff under her command. In the Army, only the commissioned officers rank vests that kind of authority on her. That is why so many countries including some of the smallest ones like Bhutan and Nepal also made their Nurses in the Army, the regularly commissioned officers of the Army.

3.75. 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. So many countries could not have gone wrong in their judgement by granting commissioned officer rank to the Nurses in their Armies and treating them equal with other branches of regular Army.

3.76. The Government over the years had made many positive changes in the conditions of service of women officers serving in other branches, like granting of permanent commission etc. However, those women who chose to serve in the MNS, have been discriminated clearly due to the prejudices or stigma attached to their jobs. The near mutiny happened in the Air Force in the wake of the 5th Pay Commission report in 1997 was another such incident born out of such discrimination. But in the present case the victims are hapless women, so no violent protests will ever happen. But her pride, dignity and honour will be dead, the moment the rank is removed from her shoulders. How far the Army will be able to push her to do her job in a two front war; which may breakout in the future over the Arunachal Pradesh in the East and the Kashmir in the West? But with her honour and pride intact she will be more than willing to fight alongside the men if the need be; like during the fall of the Singapore in the Second World War.

3.77. That the women officers serving in the MNS are required to work, in the male dominated world of the Army and the Armed Forces. There are around 6000 Doctors in the Armed Forces Medical Services (AFMS), against around 4000 Nurses. The Planning Commission (now NITI Aayog) recommended Doctor to Nurse Ratio as 1: 3; whereas in the Armed Forces, it is only 1: 0.67. The huge shortfall in the Nurses is partly made up by the extended duty hours of the women officers of MNS. The Medical Services also employs around 23000 Nursing Assistant tradesmen of the Army Medical Corps in the patient care, under the direct supervision of officers in the MNS to make up the shortfall. Any attempt to remove the officers in the MNS from the regular Army cadre and make them auxiliary force would seriously affect not only the status of the officers in the MNS but also functioning of the medical services of Army.

3.78. The women officers in 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 centres 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.

3.79. Further once the outwardly symbols of Army Officers Ranks is removed from their shoulders, some of those women in the MNS will be sitting ducks for sexual assaults. When her own safety, honour and dignity are under threat, the women serving in the MNS will be only fighting for her own day to day survival. The authorities in the past have been successful in suppressing the cases of atrocities committed against the women officers serving in the MNS. Hence not many cases come to light outside the Army and so many such cases are going unreported.

3.80. The Army in the recent times have been claiming that the MNS is an auxiliary force disregarding the historical back grounds regarding its origins, and the laws governing it. Earlier on the issue of changing of the colour of uniform of the officers in the MNS, one of the officers in the MNS challenged the same . The matter came before this Hon’ble Court for consideration however the respondents mixed up the facts to state before the court that the provisions of the IMNS Ordinance, 1943 are still applicable. This Hon’ble Court was wrongly informed by the respondents that the officers in the MNS are still governed by the provisions of IMNS Ordinance as result of which the said case was decided by the court on the basis of the IMNS Ordinance, 1943. As submitted earlier the duality has been deliberately created by the respondents to deny the regular Army officer status to the women officers serving in the MNS.

3.81. That the Indian Army however not cared to protect and promote the status of the officers in the MNS beyond a certain level due to the discriminatory attitude adopted against them due to the supposedly lowly nature of their job which is patient care and the decision making process which is cleverly wrapped in the immunity and freedom granted to defence forces to manage their services.

3.82. That the Army proposed to the 4th Pay Commission in the year 1984 to grant the same pay scales to officers in the MNS as applicable for other Service Officers. To the 5th Pay Commission in 1995 the Army proposed same pay scales to Brigadier and Major General rank, start of scale one increment below for Lieutenant to Colonel and rank pay for all ranks in MNS as for other Service Officers.

3.83. The officers of MNS have been granted lower grade pay and pay band as compared to the other officers of the regular Army despite the recommendations of the 6thPay Commission for grant of same grade pay and pay bands. When the Pay Commission recommendations implementation was notified in 2008, the pay of the officers in the MNS was downgraded arbitrarily and illegally on the recommendation of the Army. The Army’s stand was such grant of same pay band and grade pay to officers in the MNS will undermine the Command and Control in the Hospitals. Whereas the Command and Control in the Army always flowed from the Army Act, 1950 and the Rules made thereunder; not from the Pay band and Grade of its Officers. Further, it was alleged that the officers in the MNS are non-combatants against the provisions of the Rule 8 of the Army Rule, 1953. When the Army was making hue and cry about the perceived down gradation of its officers vis-a-vis IAS officers, it was quietly pressurising the Government to downgrade the officers in the MNS due to the prejudices or stigma attached to their job.

3.84. In the year 2004 the Army changed the uniform of the officers in the MNS from the olive green shirt, pants which the rest of the Army wears to the current safari suit style beige colour uniform. Over the years the Army has started to discriminate the officers in the MNS, earlier it was the pay, later it was the uniform now it is their rank and status. The officers in the MNS are contemplating to challenge the said move of changing uniform and reducing pay etc. and the same is not a subject matter of this petition, hence not elaborated.

3.85. That the Army has also been playing a fraud with the statutes by adopting the IMNS Ordinance, 1943 as per its convenience to discriminate the women officers in the MNS despite the fact that no notification for adoption of IMNS was issued under Section 4 (1) of the Army Act, 1950 and IMNS Ordinance became redundant on the repeal of the Indian Army Act, 1911 and after that the IMNS was in fact replaced by the MNS cadre of regular Army. Respondents have been dishonestly applying IMNS Ordinance on the MNS officers selectively to deny them their right and status as par with the other officers of the regular Army.

3.86. That on 13th October 2014, The Law Commission of India in its Report No. 249, Obsolete Laws: Warranting Immediate Repeal – Second Interim Report, Chapter No.3, Serial No. 11 had recommended for repeal of the Indian Military Nursing Service Ordinance, Ordinance 30 of 1943 with amendments to the existing law in the form of suitable amendments to the Army Act, 1950 to incorporate provisions pertaining to members of the IMNS. The copy of the relevant part of the recommendations is being marked and annexed as ANNEXURE-P-14. Page No.

3.87. That the present petition is being filed through on behalf of the registered society, the copy of the registration certificate dated 27/8/2015 is being filed herewith as ANNEXUREP-15. Page No.

3.88. That the President of the Society has been duly authorized to file the present petition vide a resolution of the Executive Committee of the society dated 16/10/2015, the copy of the same is filed herewith as ANNEXUREP-16. Page No.
3.89. That to exploit and misuse the aforesaid recommendations of the Law Commission of India, the army has clandestinely determined to push the position of MNS officers by making drastic amendments in various provisions of the Army Act and Army Rules, the Army authorities are now out hammer and tongs to amend several provisions of the Army Act, 1950 and the Army Rules, 1954 under the garb of the said recommendations of the Law Commission. The Army has now dug out its old papers and ready with reports by various committees obtained in predetermined manner by its internal committee of officers which has no choice or scope of making any independent recommendation and practically sings on the dotted lines. The said reports have time and again recommended for several disadvantageous recommendations for officers in the MNS but never implemented by the army in the lack of proper justification and apprehension of the courts coming to the rescue of the officers in the MNS. The sum and substance of various reports is to the following effect:
i) For deletion/amendment to the Paras of the Regulations for the Army, 1987 (Para 32, 58, 65, 66, 67, 75, 76, 77, 81, 105, 109,255, 341, 618, 619, 621, 733 and 1394), where the women officers in the MNS finds mention as officers of the regular Army.
ii) Amendment of Rule 16A of the Army Rules, 1953.
iii) Amendments/ withdrawal of Army Orders 353/73, 11/82.
iv) Making a separate Regulations for the MNS after separating it from the regular Army
v) Redesignate the ranks of the women officers in the MNS to sister, matron etc. And remove their army officer rank insignias and segregating their family accommodations from the officers pool etc.
vi) Changing the Bond of liability of the Nursing Cadets for commissioning in the Regular Army on successful completion of pre-commissioning training.

3.90. That the serving officers in the MNS have limitation of their service restrictions hence cannot become vocal being a part of uniformed forces however there is great resentment to the proposed move of the army and the treatment being meted to the officer of MNS which is in existence since last more than 65 years. Several serving officers of MNS have however protested against the proposed move by the Army and have made written representation under their service rules. The petitioner being a representative body of the veterans of MNS is now raising the aforesaid irregularities being committed by the army in an era of equal participation of the women in the armed forces.

3.91. That till now , the modus operandi of the Army in misusing its autonomy and authority to run its affairs independently is to constitute committees, groups of serving officers and ask them to sign on dotted lines and force the said unreasonable terms and conditions on the service officers as an eye wash.

3.92. That the intention, conduct of the Army is evident from the fact that instead of giving the status and rank of the officers in the MNS without discrimination of job; army has relegated the officers in the MNS from their prestigious positions as officers of the Regular Army and as combatants part of the support services who face all professional hazards of the military life equally with all other wings of the regular Army.

4. That the petitioner has not filed any other writ petition before this Hon’ble court or any other High Court seeking the identical relief.

5. That the petitioner did not have any alternate and efficacious remedy except the present Writ Petition. The respondent is violating the fundamental rights of the officers of MNS as enshrines under Article 14, 15, 16, 19 of the Constitution of India.

PRAYER

It is therefore most respectfully prayed that the court may issue:

a) Writ , Order or direction in the nature of PROHIBITION or any other writ, order or direction thereby prohibiting the respondent from acting illegally and violating the provisions of the Indian Military Act, 1950.

b) Writ, order or direction in the nature of MANDAMUS or any other appropriate, writ, order or direction in favour of the Petitioner and against the respondents thereby restraining the respondents from changing the status, terms and conditions of the officers serving in the MNS and to grant them the equal status at par with the officers of the same rank designations in the other Arms/ Services of the regular Army under the Indian Army Act as described in the petition.

c) Writ, order or direction in the nature of MANDAMUS or any other appropriate, writ, order or direction in favour of the Petitioner and against the respondents thereby directing the respondents from not applying the provisions of the IMNS Ordinance 1943 in determining and defining the terms and conditions of the officers in the MNS de hors The Army Act, 1950.

d) Writ, order or direction in the nature of MANDAMUS or any other appropriate, writ, order or direction in favour of the Petitioner and against the respondents thereby to declaring that the officers in the MNS are combatants and are officers of the regular Army; and the MNS is a Corps of the regular Army subject to the Army Act, 1950 and the Rules made thereunder.

e) Writ, order or direction in the nature of MANDAMUS or any other appropriate, writ, order or direction in favour of the Petitioner and against the respondents thereby directing the respondents to re-commence the issue of Parchment of the President’s Commission and firearms training to the officers in the MNS.

f) Cost of the petition be also allowed in favour of the Petitioner.

g) Any other order which the Hon’ble Court may deem fit and proper in the facts and circumstances of the case be also passed in favour of the Petitioner.
Advocate for the petitioner
Drawn On 3.11.2015
Filed on 4.11.2015

Settled by:
Mr. M.N.Krishnamani, Senior Advocate
Drawn by:
Umesh Sharma, Advocate

IN THE SUPREME COURT OF INDIA
( CIVIL ORIGINAL JURISDICTION)
I.A.NO………………….OF 2015
IN
WP (C) No.__________ of 2015.
In the matter of:
MNS Corps Association, …Petitioner
VS
Union of India …Respondent
Application for Stay
To,
The Hon’ble Chief Justice and
His companion Judge of
Supreme Court of India at
New Delhi.
MOST RESPECTFULLY SHOWETH:
1. That the petitioner has filed the present writ petition . The contents of the writ petition be treated as part and parcel of this application and the same are not being repeated herein for the sake of brevity.
2. That the petitioner has been advised that she has a strong prima facie case in her favour and there is every likely hood of her succeeding in the present writ petition.

3. That the petitioners shall suffer irreparable loss and injury if the prayer made in the present application is not granted.

4. That the balance of convenience is entirely in favour of the petitioner and against the respondent.

5. That the equity is also in the favour of the petitioner.

6. That the present application is being made in the interest of justice.

P R A Y E R
In the above premises, it is prayed that this Hon’ble Court may be pleased to:
a) Restrain the respondents from changing the status, terms and conditions of the officers serving in the MNS during the pendency of this petition.

b) Court may also pass appropriate orders restraining the respondents from not applying the provisions of the IMNS Ordinance 1943 in determining and defining the terms and conditions of the officers in the MNSde hors The Army Act, 1950 during the pendency of this petition.

c) Any other order which the Hon’ble Court may deem fit and proper in the facts and circumstances of the present case be also passed in favour of the petitioner.

Filed on

Umesh Sharma,
Advocate for the petitioner

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