TaxTMI 
TaxTMI 
1997 (8) TMI 544
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.... the Military Establishment the age of retirement was 58 years. It was discriminatory to retire the nurses who were appointed for local service only at the age of 55 years. She also claimed pensionary pensionary benefits on retirement. This petition has been allowed. Hence the appellants have filed the present appeal. 2. There are three different types of Military Nursing Service governed by their own different rules. These are - (1) Military Nursing Service (Regulation) (2) Military Nursing Service (Civilian) and (3) Military Nursing Service (Local). The terms and conditions of service in the three services are separate. Under Army Instruction No. 14 issued on 12th of March, 1977 terms and conditions of service for employment of Nursing O....
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....s the reason why the respondent was retired at the age of 55 years. The terms and conditions of service as spelt out in Army Instruction No. 14 do not provide for payment of any pension on retirement. There is a provision for payment of gratuity as already set out. However, the appellants appointed a study team to recommend improvements in service condition of Military Nursing Service (Local), including their pensionary benefits. Pursuant to the recommendations of this committee certain pensionary benefits were extended to Military Nursing Service (Local) from 1st October, 1983 to those persons who retire after 1st of October, 1983. 3. The respondent contended that the denial of the benefit of pension to the respondent was discriminatory a....
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....g their own separate terms and conditions of service, one cannot complain of discrimination if the ages of retirement prescribed under these different services are different. Each will be governed by its own rules and regulations. The respondent is, therefore, not justified in claiming that she has been discriminated against because she has retired at the age of 55. 4. The next question relates to payment of pension. Under Army Instruction No. 14 which was in force at the material time, the respondent, either on the date of her appointment or on the date of her retirement, or at any time during her service, did not have the benefit of pension on retirement. The terms and conditions of service were known to her at the time when she joined t....
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....s. However, when a pension scheme is introduced from a given date, there are two sets of employees who are governed by two different sets of rules. They cannot be treated as similarly situated. As the cut-off date was retrospective, this Court also examined the reasonableness of this retrospective operation. It found the cut-off date to be reasonable, it being based upon the date of, appointment of the Pay Commission. In a recent decision in the case of Commander, Head Quarter, Calcutta and Ors. v. Capt. Biplabendra Chanda AIR 1997 SC 2607 new rules reducing the minimum qualifying service for pension came into effect from 1.1.1986. The respondent who had retired prior to this date was not granted pension under the old rules as he did not qu....