Satish Chandra, J. - (1.) The appellant was employed as a nurse in December, 1957 in the Central Railway. She was placed on probation. During the period of probation she, on 12th December, 1958, got married. When the authorities came to know of it they served a notice on the appellant on 2-1-1959 requiring her to show cause why she got married in violation of the rules which require prior permission for marrying. The appellant submitted an explanation on 8-1-1959. After considering it in February, 1959 the authority concerned terminated the service of the appellant on giving her 14 days notice of discharge. The appellant challenged this order by way of a writ petition which failed. Hence the present appeal.
(2.) For the appellant the constitutional wires of Rule 20 of the Recruitment and Conditions of Service for Sisters and Nurses has been challenged. This rule provides:- "Members of the Nursing Staff who marry while in service may be required to resign at any time." It was urged that the rule violated Article 14 of the Constitution, inasmuch as it operates in respect of the female nurses ' only and not for the other sex. The rule, as it stands, applied to all the' members of the nursing staff irrespective of their sex, There is thus no basis' for this submission.
(3.) It was then urged that Rule 20 does not require prior approval for marriage. But marriage during the period a member of the Nursing Staff is in service is prohibited under the rule. By marrying the appellant has clearly violated Rule 20. She did not resign in spite of a notice to her. The authorities had a right to require the appellant to resign when they took the view that the appellant had violated this rule. Consequently the respondent was well within his power in terminating the service of the appellant. Site was not a permanent occupant of the post..... The formality prescribed by the departmental rules for dismissal or removal from service were not necessary.;