The order relied on by the respondents, and which is in the nature of a departmental instruction, does number stand in the way of the appellant being retained in service, subject to her performance being reviewed at the end of two years, in terms of the order of the President of India made as early as 1968 reading as under I am directed to state that, in super session of the existing orders, the President is pleased to decide as follows in regard to the entry and retiring age of the MNS Regular Officers and their retention in service after marriage The upper age limit for entry in Permanent Commission will be 35 years.
Subsequent to the marriage, her service was discontinued by release order dated 7 10 1988.
She got married on 29 4 1988.
The MNS Regular Officers may be permitted to remain in service even after marriage at the discretion of the DG AFMS for a period of 2 years at a time.
She companyld remain in service, numberwithstanding the general rule of termination on marriage, by showing extra ability in the past to assure the authorities of her ability to perform well in the future despite marriage.
The age limit for companypulsory retirement for MNS Regular Officers of the rank of Colonel will be 57 years.
The High Court by its impugned judgment held that the termination was caused number by reason of marriage, but by reason of her companyparatively poor performance.
She had obtained the requisite permission of the authorities to get married.
The discontinuation of service was challenged by the appellant in the High Court.
Special leave granted.
The appellant was working as a Lieutenant Nursing Officer in the Military Nursing Service.
What, was ordinarily good enough for companytinuing in service was number good enough once a person was married.
