JUDGMENT

Mrs. Sujata V. Manohar, J.-Pursuant to an advertisement the respondent applied for the post of a Nursing Sister (Lieutenant) in the Military Nursing Service for local service. She was selected and joined the post on 6th or February, 1959. On attaining the age of 55 years she was superannuated with effect from 30.11.1981. The respondent filed a writ petition in the Gauhati High Court challenging her retirement at the age of 55 years on the ground that in other nursing services under 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 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 (Regular) (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 f