The petitioner was appointed as a Nurse in the Naval Family Clinic, Nausena Baugh, Visakhapatnam, in the year 1973 on a consolidated honorarium of Rs.300/- per month. By way of this writ petition, she initially challenged the proceedings dated 29.09.1999, whereby the naval authorities rejected her request for absorption into regular service. She also sought a consequential direction to treat her as a regular Staff Nurse with effect from the date of her initial appointment by extending to her pay scale and other benefits on par with regular Staff Nurses of the department.

During the pendency of this writ petition, the petitioner was terminated from service under proceedings dated 27.06.2009 on ‘age ground’, long after she attained the age of superannuation in August, 2008. At that time, her salary was Rs.2,300/- per month.

By way of an amendment to her prayer in this writ petition, effected after her termination from service, the petitioner sought a further direction to extend to her benefits under the Automatic Career Progression Scheme; differential salary for the post superannuation period; all terminal benefits, including pension and gratuity, along with interest on such delayed payment.

Exchange of affidavits by the parties over the years having resulted in a multitude of pleadings, the contents thereof are summarized hereunder:

The petitioner’s case as set forth in her writ affidavit: The Headquarters, Eastern Naval Command, Naval Base, Visakhapatnam, issued Temporary Memo No.109/73 dated 06.08.1973 through the Chief Staff Officer (Personnel & Administration)(P & A), acting for the Flag Officer Commanding-in-Chief, inviting applications for the posts of a Full Time Lady Doctor and a qualified Nurse in the subject Naval Family Clinic. The posts were initially for a period of one year but were stated to be likely to continue. The Notification specified, under Clause (e) relating to ‘Administration/Control’, that the appointees would be subject to administrative control and discipline by the Headquarters, Eastern Naval Command. It was also specified that the duties of the Family Clinic assigned to them by the Commanding Officer, Indian Naval Hospital Ship (INHS) Kalyani, should be strictly adhered to as per the Instructions/Orders issued from time to time.

It was pursuant to this Notification that the petitioner applied and was thereafter appointed. After she completed one year of service, the Chief Staff Officer (P & A), acting for the Flag Officer Commanding-in-Chief, Headquarters, Eastern Naval Command, Naval Base, Visakhapatnam, issued proceedings dated 30.08.1974, informing her that from 01.09.1974 her pay scale would be Rs.125–5–165–7–200/- with DA of Rs.15/-, HRA of Rs.20/-, Uniform Allowance of Rs.6.25 ps., Washing of Rs.3/- and Messing of Rs.60/- per month. She was however informed that until further orders, she would continue to draw a consolidated honorarium of Rs.300/- per month, so that her emoluments were not reduced.

The petitioner was given permanent security pass dated 09.01.1975 and her scale was thereafter revised as per the Revised Pay Scales issued from time to time, that is, in the years 1975, 1985 and 1989. At the time this writ petition was filed, she was drawing a total salary of Rs.1,750/-per month. She appealed to the respondent authorities to consider her case for permanent absorption as the Family Clinic was an integral part of INHS Kalyani. She stated that the Family Welfare Clinic was also maintained by the naval authorities and the staff working there was paid higher salaries as compared to those working at the Family Clinic. She pointed out that the Staff Nurse at the Family Clinic also had to attend to and perform the duties of the Lady Health Visitor, a regular post at the Family Welfare Clinic, during the absence of the incumbent and also carry out her duties, like immunization, in addition to her own duties. Alleging discrimination when compared to employees of the Family We