DISPLAYING OF STAR PLATES AND FLAG : MNS OFFICERS

Whether Brigadiers and above of MNS officers are entitled to fly Flag & display Star Plate on their official vehicle or not?
Yes - MNS officers are entitled to fly Flag and display Star Plate in their official vehicle (see the followings) :That “Regulations for the Army” revised edition 1987 which has been issued under the authority of the Government of India in its preface Para 2 which is reproduced as under, has been made applicable to all the officers of Regular Army and other officers. The same is reproduced as under:

PREFACE
1. ----
2. This is a comprehensive compilation covering the salient aspects of administration of the Regular Army. Commanding and other officers shall be responsible for ensuring that these regulations are strictly observed and that any local instructions or regimental order that may be issued are in accordance with the spirit and intention of these regulations.
3. ----
4. ----
Sd/-(SK BHATNAGAR)
Secretary to the Govt. of IndiaMinistry of Defence
New Delhi
December 5, 1986

In Para 75 of the Regulations for the Army, the officers of MNS have been referred to as an officer & the said Para is reproduced as under :-
Para 75 : Tenure admissible in the substantive rank of Brigadier and above and Rules governing them-The tenure admissible and the conditions attached thereto will be as follows :-
(a) Officers of Armoured Corps, Infantry, Artillery, Engineers, Signals, Army Service Corps, Army Ordinance Corps, Electrical and Mechanical Engineers and Pioneer Corps -----
(b) Officers of Army Education Corps, Judge Advocate General’s Department and Military Farms-------
(c) Military Nursing Service-Maj Gen.- The tenure will be four years. The officer will retire on attaining the age of superannuation specified in para 76 below or on completion of the tenure, whichever is earlier.
(d) Army Medical Corps------
(e) Remount and Veterinary Corps ------
(f) Special List Officers --------

In Para 76 (g), the MNS is again appearing. The said Para as applicable to MNS is reproduced as under :
Para 76 : Age limits for compulsory retirement of officers. - Compulsory retirement in the respective substantive ranks will be on attaining the age limits given below, or on completion of tenure granted under para 75, whichever is earlier :-
(a) Officers of Armed Corps, Artillery, Engineers, Signals, Infantry, ASC, AOC, EME and Pioneer Coprs :-xxxxxxxxxxx
(b) xxxxxxxxxxx
(c) xxxxxxxxxxx
(d) xxxxxxxxxxx
(e) xxxxxxxxxxx
(f) xxxxxxxxxxx
(g) Military Nursing Service :-
(i) The normal minimum age of retirement for officers of the following substantive ranks will be as shown there against:-
Major General - 58 years
Brigadier - 57 years
Colonel and below - 55 years
Provided that a substantive Colonel, Brigadier and Major General shall normally be permitted to complete 26 years, 28 years and 30 years of qualifying service for pension respectively subject to the age of compulsory retirement mentioned in (ii) below.
(ii) In no case shall an officer be retained in service beyond the age of retirement specified below in the rank held by her:-
Major General----------------59 years
Brigadier ----------------------58 years
Colonel -----------------------57 years
Lt Colonel and below -------55 years
(h) Army Medical Corps
(j) Army Medical Corps (Non-technical)---
(k) Army Dental Corps----.

In the chapter XVII, CEREMONIAL, Para 733(b) of the Regulations for the Army under the heading of Relative Ranks, it has been clearly spelt out that “Women Officers serving in the Army Medical Corps and the Officers in the Military Nursing Service will rank equally with male Officers of the same titular rank, in the Medical Corps”. The said Para is reproduced as under:
Para 733 :(b) Women Officers serving in the Army Medical Corps and officers in the Military Nursing Service will rank equally with male officers of the same titular rank, e.g., a captain (woman officer) in the Army Medical Corps, will rank equally with a captain in the Artillery or Engineers.The said provision of the Regulation for the Army in no uncertain term equates the officers in the Military Nursing Service with the officers of the Army Medical Corps or officers of Artillery, Engineers and other branch of the Army and also this provision unequivocally gives the status of officers to the officers of M N S in accordance with the definition/ provision of the Army Act. By virtue of this provision all the ceremonial facilities and honor therefore, becomes automatically applied to the officer of the Military Nursing Service.

The Army order 46/87 pertaining to use of car flags and star plates which is the genesis of the case entitles Brig and above of MNS officers use of star plates and flag. The corresponding Paras of the Army Order are reproduced as under:-
AO 46/87 Car Flags
Entitlement
1. The lowest ranking officer entitled to fly a car flag, in the Army will be a Brigadier. The authorization to fly car flags by Brigadiers and above is given in this Army Order.
2. xxxxxxx
Shape and sizes
3. Shape. The following shapes of car flags will be flown:-
(a) Lieutenant General and above ---Rectangular
(b) Major General----- Swallow Tail
(c) Brigadier------Pinnant
4. Size
(a) xxxxxxxxxxx
(b) xxxxxxxxxxxx
(c) xxxxxxxxxxxx
Colour
5. xxxxxxxx
Authorization
6. The following category of officers are authorized to fly car flags:-
(a) Formation Commander--- xxxxxxxxx
(b) Staff Officers-----Only senior most staff officers at Command, Corps, Division/ Area Headquarters are permitted to fly a flag within the command zone. This will include Chief of Staff of Command and Corps and Deputy GOC of Division/ Area Headquarters.
(c) Educational/ Training Establishments------xxxxxxxx
(d) Delhi---xxxxxxxx
Distinguishing Signs
7. xxxxxxxxx
(a) Field Marshal’s Flag—xxxxx
(b) Chief of Army Staff’s Flag----xxxxxxxx
(c) Staff officers at Army Headquarters will superimpose the following insignia on their car flags:-
(i) Vice Chief of Army Staff.----xxxxxx
(ii) Principle Staff officers. The background colour will be scarlet on which crossed swords with the Ashoka Chakra placed as described for the Ashoka Lions in subpara (c) (I) above. All embroidered in primrose yellow.
(iii) Other Lieutenant Generals .xxxxxxxx
(d) Army Commanders. xxxxxxxx
(e) Corps Commanders.xxxxxxx
(f) Other Formation Commanders. xxxxxxxx
(g) Staff Officers. Entitled officers on staff will superimpose the formation signs of the respective formation on a shield with background colour as scarlet.
(h) Commandants and Educational/ Training Establishment. xxxxxxxxx
(i) Edging of Formation Signs. xxxxxxxxxOccasions when Car flag can be flown
8. xxxxxxxx
9. xxxxxxxx

STAR PLATES
10. Distinguishing plates made of metal or any other suitable hard non-warping material denoting the rank of the occupant of the vehicle will be carried on vehicles, both in front and in the rear, in addition to the flag authorized to the occupant. The plates which will be 45.5 cm long and 11.5 cm wide will bear bright silver coloured, five pointed, raised metal stars in accordance with the rank of the officer, viz:
(a) Field Marshal - 5 stars.
(b) General - 4 stars
(c) Lieutenant General - 3 stars
(d) Major General - 2 stars
(e) Brigadier - 1 star

The use of star plates and distinguishing flag by Brigadier and above on their cars has been given in Paras 773 & 774 of Regulations for the Army from which the said Army Order has taken strength relevant Paras of which are reproduced below:-
REGULATIONS FOR THE ARMY
Para 733 : Flags to be Flown---(a) National/ Army/ Formation/ Car flag will be flown as indicated in Appx ‘W’.
(b) Flag authorized to be flown on Indian Naval Ships, Indian Merchant Ships and boats and IWT crafts are shown in Appx ‘ X’.
(c) xxxxxxxx
(d) The motor car flag will only be flown when the officer for whom it is authorized is present in the car.
(e) An officer officiating in a higher appointment may fly the flag of the appointment but will display the star plate of his own rank.

Para 744 : Star Plate :
(a) Distinguishing metal plates, denoting the rank of the occupant of the vehicle, will be carried on vehicles in addition to the flag authorized for the occupant. The plates, which will 45.5 cm long and 11.5 cm wide, will bear bright, silver coloured, permanently fixed, five pointed raised metal star in accordance with the rank of the officers, viz
(i) Field Marshal - 5 stars.
(ii) General - 4 stars
(iii) Lieutenant General - 3 stars
(iv) Major General - 2 stars
(v) Brigadier - 1 star
(a) The background of the plates will be red.
APPENDIX ‘W’
NATIONAL FLAG
(Referred to in para 773)
National Flag will be flown at-Xxxxxxxxxxx
Distinguishing Flags for Motor Vehicles
Shape of flags Colour and design
(1) (2) (3)
Army Headquarters
1. Chief of Army Staff . . Rectangular xxxxxxxxx
2. Deputy Chief of the Army Staff xxxxxx xxxxxxxx
3. Principle Staff Officers xxxxxx xxxxxxxx
4. Lieutenant- General on Staff xxxxxx xxxxxxxxx
Major – General on Staff Swallow-tail French grey withArmy HQ sign
Commands
5. GOC-in-C Command Rectangular Flag horizontallydivided into three equal portion,scarlet-black-scarlet withcommand sign
6. Major- General on staff Swallow tail - Ditto –

With the reference to the above provisions it is clarified that neither those provisions specifically indicates any particular Arms/Services/Corps or any branch of the Armed Forces nor debar officers of MNS to fly Flag and display Star Plate in their official vehicle.

Here one question has to be answered i.e. whether the officers of MNS are entitled to Military Ranks or not…(see section 5 of MNS Ordinance 1943, Rule 3 of MNS Rules 1944 and Army Instruction 3 &4/49 as under) :

5. Members to be of commissioned rank:- All members of the $(Indian Military Nursing Service) shall be of commissioned rank and shall be appointed as officers of the $(Indian Military Nursing Service) by the Central Government by notification in the Official Gazette.

3. Application of appropriate Acts. - In so far as they are capable of such application but subject to the provisions of these Rules -

(a) the provisions of the Indian Army Act, 1911 (now enacted as AA 1950), shall apply to officers of the Nursing Service mentioned in Sub-section (1) of section 9 of the Ordinance, as if they were Indian Commissioned officers, and
(b) the provisions of the Army Act shall apply to officers of the Nursing Services mentioned in Sub-section (2) of the said section, as if they were officers of the Regular Forces;

and references in the said Acts to military ranks shall, in relation to the Nursing Services, be construed as references to the corresponding ranks laid down in the Regulations made under the Ordinance for officers of the Nursing Service.

The AI 3 & 4/59, made under the provisions of the above said section and rule, provides that ranks in MNS will be Lieutenant, Captain, Major, Lt Colonel, Colonel, Brigadier and Major General and when Nursing Officers are seconded to Navy or Air Force, will correspond to equivalent ranks in those services. Here we have to see the legal validity of these Rules and Regulations (see section 193 & 193A of the Army Act 1950 as under) :

193. Publication of rules and regulations in Gazette. - All rules and regulations made under this Act shall be published in the Official Gazette and, on such publications, shall have effect as if enacted in this Act.
193A. Rules and regulations to be laid down before Parliament. - Every rule and every regulation made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session, or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

With the above said sections it is clarified that the rules and regulations mentioned above has the constitutional validity and can not be modified/cancelled in violation to the existing provisions.

Therefore, the claim of Army Authorities that officers of MNS are not entitled to fly Flag and display Star Plate in their official vehicle is totally in violation of the above mentioned statutory provisions of the Indian Army.