Supreme Court orders govt to pay Rs 60 lakh to military officer sacked after marriage

In a significant ruling, the Supreme Court has directed the Centre to pay Rs 60 lakh to Lt. Selina John, a former permanent commissioned officer from the Military Nursing Service (MNS), who was relieved of her duties in 1988 due to her marriage. The court emphasized that any law or regulation that considers marriage and domestic responsibilities as grounds for termination is unconstitutional, a TOI report stated.

The apex court's decision came during the hearing of an appeal filed by the Centre challenging an order from the Armed Forces Tribunal, which had called for Lt. Selina John's reinstatement.

The bench comprising Justices Sanjiv Khanna and Dipankar Datta concluded the 26-year legal battle of Lt. Selina John by directing the Centre to pay her Rs 60 lakh as a full and final settlement. Her dismissal from service in 1988 was based on Army Instruction No. 61 of 1977, which was later withdrawn in 1995.


Rejecting the patriarchal notion behind such rules, the court stated, "Acceptance of such a patriarchal rule undermines human dignity and right to non-discrimination."

Furthermore, the court highlighted the discriminatory nature of rules that consider marital status as a disqualifying factor for women employees. It reiterated that laws based on gender bias are constitutionally impermissible.

Lt. Selina John's journey in the MNS began in 1982 when she was selected according to the service's rules. She was commissioned as a Lieutenant in 1985 and served at the Military Hospital in Secunderabad until her release in 1988 following her marriage to an Army officer.

Upon her termination, Lt. Selina John pursued legal recourse, starting with a petition in the Allahabad High Court, which directed her to approach the Armed Forces Tribunal. In 2016, the AFT, Lucknow, ruled in her favor, ordering the Centre to reinstate her. However, the government appealed to the Supreme Court, leading to the recent judgment.