COURT: Hon’ble Supreme Court of India

BACKGROUND: The respondent, Ex. Lt. Selina John, a permanent commissioned officer working in the Military Nursing Service, was disqualified by the department of defence on the ground that she got married. This disqualification was challenged by the respondent in the Armed Forced Tribunal, Regional Bench, Lucknow in which the AFT considered the release of the respondent from the Military Nursing Service wrong and illegal leading to an appeal by the appellant and hence, the landmark judgment by the Hon’ble Supreme Court of India.

LEGAL ISSUES:

1. Whether the disqualification of Ex. Lt. Selina John on the ground of marriage was legally tenable?
2. Whether the act of the department was arbitrary and discriminatory?
3. Appropriate relief and compensation for the respondent.

COURT FINDINGS:

1. Arbitrariness and Discrimination: The Hon’ble Supreme Court of India found the act of the appellant in disqualifying the respondent on the ground of marriage to be arbitrary and discriminatory. The court noted that the disqualification was a clear case of gender bias and was in violation of principles of equality enshrined in the constitution.
2. Ignorance of Equality Principles: The court criticized the government’s act, stating that it was done in ignorance of the principles of equality and non-discrimination. The court emphasized that rules which are making marriage of women employees and their domestic involvement a ground for disentitlement would be considered unconstitutional.
3. Violation of Fundamental Rights: The court held that the disqualification amounted to a violation of the respondent’s fundamental rights, including the right to equality and the right to practice a profession with fair treatment and one’s choice without unwarranted discrimination.

RELIEF GRANTED:

1. Compensation: The court ordered the central government to pay a compensation of Rs. 60 lakhs to the respondent, Ex. Lt. Selina John. This compensation was deemed necessary to address the financial and emotional distress caused by the arbitrary disqualification.
2. Reinstatement with Back Wages: The court directed the government to reinstate the respondent on her previous position in the Military Nursing Service with immediate effect. Additionally, the respondent was to be awarded back wages from the date of her disqualification till the date of reinstatement.

SIGNIFICANCE OF THE JUDGMENT:

• Promotion of Gender Equality: This landmark judgment reinforced the principle that gender-based discrimination, especially in professional settings, is unacceptable and unconstitutional.
• Precedent Against Arbitrariness: The judgment set a precedent against arbitrary and discriminatory acts by government departments, ensuring greater protection for employees’ rights.
• Judicial Activism in Protecting Rights: The court’s decision exemplified judicial activism in protecting individual rights against state actions that are arbitrary and discriminatory.

CONCLUSION: The judgment in: Union of India and ors. v. Ex. Lt. Selina John by the Hon’ble Supreme Court of India is a significant milestone in the fight against gender discrimination in the workplace. It upholds the principles of equality and non-discrimination, providing substantial relief and setting a precedent for future cases involving arbitrary disqualification based on personal choices such as marriage.