Thursday, January 8, 2009

6th PAY COMMISSION AND MNS OFFICERS

As far as the pay of the MNS officers are concerned, each pay commission has recommended a different pay scale which is slightly lower than the officers of the Armed Forces other than MNS without any justification but unfortunately this has not been challenged so far. Even the Army autorities in its recommendations to the 5th CPC recommended for a Rank Pay to MNS officers which has not been accepted by the commission(reason not known and not even clarified by the commission itself). But the 6th CPC has, by scrapping this anomaly, recommended a same Pay Band and Grade Pay to MNS officers and the other officers of the Armed Forces. But the irony of the authority concerned without any justification, though kept the Pay Band as same as recommended by the pay commission, sanctioned Grade Pay to MNS officers one step down to those of other officers. A case has to be taken up asking for a same Grade Pay to the same designation.

And in regard to Military Service Pay, the commission has recommended only Rs 4200 to MNS officers whereas Rs 6000 for other officers. The reason given for this disparity is MNS officers are not meant for combat duties. Whereas in the issue of giving permanent commission to women officer into the Armed Forces (other than AMC, ADC and MNS) has been denied by the Government stating that women cannot be put on combat role but finally accepted to grant permanent commission only in certain corps and department meaning thereby all the women officers in the various services, Corps and branches of the Indian Army and the corresponding branches in Navy and Air force where short service commission is extended and also the services & branches of the Armed Forces where women are being given Permanent commission are not meant for combat role but everyone other than MNS officers are granted MSP Rs 6000 (Permanent Commission to women are only given in AMC, ADC and MNS earlier but recently the proposal has been accepted by the Govt. to give Permanent Commission to women in JAG Branch and Army Education Corps of the Army and its corresponding branches in Navy and Air Force including the Naval constructor of the Navy and the Accounts Branch of the Air Force) Click here to see the Press Release of Govt. of India (Do not forget to note that all are referred as lady Medical Officers & lady Dental Officers but MNS Officers are refferred as members of MNS instead of Nursing Officers - which is in violation of the provision of Sec 5 of the MNS Ordinance 1943 and various relevant statutory provisions of the Army).

Also click here and go to Para 147.3 at Page No 41 of the 5the Pay Commission recommendation to know about the CADRE CONFIGURATION (Officer cadre of Army) of the Indian Army
(As per this the MNS officers are in the Specialist Cadre of the Army alongwith Intelligence Corps, AMC, ADC, RVC, AEC, JAG Branch, Army Physical Training Corps, CMP and Military Farms)
Then why there is a different approach in relation to MNS Officers? Hope the Ministry of Defence will reconsider the matter and solve the existing anomalies created by the Army authorities. Even in the provision of Sec 12 of the Army Act 1950 it is clearly mentioned that No female shall be eligibe for enrolment or employment in the regular army, except in such corps, department, branch or other body forming part of, or any portion of, the the regular army.

Therefore the justification given by the pay commission for reducing the MSP to MNS officers was wrong and would have been negotiated and considered by the government but unfortunately the army authorities were powerful enough to mislead the government.


If every women short commission officers and the corps, services and branches of the Army and its corresponding branches of the Navy and Air Force where women were (are) being given permanent commission, though not meant for combat duties, can be treated as combatants, then the combatant status of MNS officers also can not be ruled out because as per Sec 4 of the MNS Act 1943 the MNS Officers are liable for service only with forces and persons subject to the Army Act 1950 and also as per Sec 8 of the ordinance the MNS Officers are bound to undergo such training and in such manner and to perform such duties in connection with military forces and top of this, as per the government notification, all the military hospitals located in field/modified field areas are notified by the government as non-static units/formations as they are broadly fulfilling the role of formations/units directly assisting the operations (kindly see the notification in the Pay and Allowances book issued by the CDA (O) Pune) and the MNS officers are posted to all military hospitals located in field areas which has been accepted by the pay commission itself. As per the same notification, Military Farms, Recruiting officers and Training centres/establishments are treated as static units but all officers in the above said establishments are granted Military service Pay of Rs 6000 . Click here to see the Press Release by the Govt. apprising the services rendered by MNS Officers since its inception even during World War I & II
Also Click here and go to Para 150.48 & 150.49 at Page No. 70 for Field Area allowance and Para 150.52 & 150.53 at Page No. 71 (interestingly the COMBAT HAZARD ALLOWANCE which has been demanded by the Army has been denied by the Commission see in Para 150.40 at Page No. 68) for Modified Field Area Allowance. (If the combat hazard allowance would have been approved by the 5th CPC then it would have been made applicable to MNS Officers also as there is no any difference in Field Area/Modified Field Area allowances made applicable to MNS Officers and other Officers of the Armed Forces)

Therefore the MSP of MNS officers also should be same as other officers of the Armed Forces. But until unless the case is taken up I don't think this anomaly can be sorted out.


PB4 and Lt Cols : (Latest and the bitter one to Lt Cols of MNS):

Recently the government has also sanctioned all Lt Cols (excluding MNS Officers) and equivalent in the Defence Services to PB4 which is in contradiction to the recommendations of Pay Commission which has been accepted by the Govt. As per the new order all Lt Cols will get PB4 after the completion of 14 years of service (Thanks to the AV Singh Committee recommendations) but Lt Cols of MNS who is promoted to the rank after completing 20 years of service given only PB3 even the AV Singh committee recommendations were not extended to MNS Officers which is in gross violation of government orders and the 5th Pay Commission recommendation regarding Annual Career Progression (ACP) scheme. Click here and go to Para 147.41 & 147.43 at Page No. 52 to know about the military service element and ACP scheme for MNS Officers and also the proposal for Rank Pay to MNS Officers by the army authorities can be seen on top of the same page (Govt. has to find out why there is a demand from the army authorities for lowering the Pay Band and Grande Pay of MNS Officers?)

AVSC Phase-I in respect of non-select ranks i.e. Lieutenant Colonel and equivalent and below was implemented in December 2004 and recently the AVSC Phase II also sanctioned by the government for the higher posts
(Thankfully the 6th CPC has recommended to extend the scheme of time bound promotion upto the rank of Lt Cols to MNS Officers also and the same has been accepted by the Govt.) but no orders have been issued so far. As the pensionery benefits including gratuity and commutation of pension is based on the pay band, grade pay and MSP for the Defence services the great loosers will be the Lt Cols of MNS only even after fulfilling the requirement of the services by serving shoulder to shoulder alongwith the forces be it in peace location or in the field, forward areas where imminense of hostilities and associated risk to life exists. Troops in field areas are located for reasons of operational considerations alone and are not living in cantonments. Therefore, denying PB4 to Lt Cols of MNS under the garb of combat/non-combat role is unjustifiable and is in gross violation of the statutory provisions, government orders and the recommendation of the 6th pay commission itself which has recommended same Pay Band and Grade Pay to similar ranks of the service officers and the MNS officers. (All enrolled personnel of the Defence Forces under field service liability are combatants even the defence service civilians who has field service liability under the provisions are combatants. No definition is given in the Army Act 1950 and even in the MNS Ordinance 1943 for combatants and non-combatants but it is clarified in the Defence Service Regulations. And as per the dictionary meaning , combatants means defence forces personnel and non-combatants means civilians and includes the civilian enrolled in defence forces).


Otherwise also the denial of PB4 for only Lt Cols of MNS is in total contradiction to the government's own stand and reason given in relation to grant of Parmanent Commission to women in the Army (As per the Press Release by the Govt. of India, all Short Service Commission women officers in various branches of the Army and all services, branches, and corps in which women are given Parmanent Commission are not meant for combat duties meaning thereby they are also non-combatants). Then how come the PB4 for the Lt Cols and the AV Singh Committee Recommendation Phase I for these services, branches and corps has been extended by the Govt. of India excluding only the MNS Officers?


Therefore, by not giving the benefit of AV Singh Committee recommendation to MNS Officers and not placing Lt Cols of MNS in PB4, the principle of equal remunaration for the specific length of service relating to the rank has been violated.

POINTS TO BE NOTED:

- All enrolled persons who gives an affirmation to the Govt. (Terms and conditions signed by the person during entolment) that he/she will go wherever ordered by the government by sea, air or land are combatants and those higher class non-combatants if accepts and signs the same terms and conditions then the government considers them deserving of being treated on the footing of combatants. (As per the clarifications given in Indian Army Act 1911)

- Pay Commission has not taken MNS Officers as non-combatants but it only said that MNS officers are not primarily meant for combat duties and there is a great difference between the status of combatant and combat duty. But the Pay Commission has failed to understand that all the defence personnel in the specialist cadre and in the logical support cadre are not primarily meant for combat duties. And the Pay Commission has not recommended the Pay Band and Grade Pay on the footing of combatant/non-combatants. (only MSP is taken into consideration for this difference which is also not appropriate under the circumstances as explained above).

- Therefore, Pay Band to a single rank can not be fixed with some conditions.

- No Group A officers of the government, though civilians i.e. non-combatants is in PB3 after the competion of 14 years and also no Group A officer retires in PB3 except Lt Cols of MNS. If PB4 to Lt Cols and equivalent can only be given to combatants then how the equivalent rank in the logistic support and the specialist cadre of the armed forces and also the Group A officers of the centreal government could be placed in PB4?

- In MNS Cadre Lt to Maj are placed in PB3 similar to the service cadre and Col and above are placed in PB4 similar to the service cadre which is as per the recommendations of the Pay Commission but only the Lt Cols of MNS is being deprived of the recommendations of the Pay Commission.

- MNS Officers are being given the starting Scale of Pay at par with Group A service officers so far (This has been maintained only in case of Lt to Maj and Col to Maj Gen) only Lt cols are deprived of.

- In MNS cadre most of the officers retire in the rank of Lt Col only because of the non availablity of vacancy to the next higher rank.

- Lt Col rank to MNS Officers to be granted after the completion of 13 years similar to the service officers and should be placed in PB4 to uphold the principle of equal remuneration for the specific length of service relating to the rank.

- It is also to be noted that as per the mindset of the authority the MNS cadre was not raised as an 'Auxiliary Force'. The preamble of the ordinance itself it was mentioned that an ordinance to constitute a force to be called the military nursing service as part of the armed forces of the union and in sec 3 of the MNS Ordinance 1943 it is clearly stated that there shall be raised and maintained, in the manner hereinafter provided, as part of the armed forces of the union and for service with the indian military forces as auxilliary force which shall be designated the military nursing service. It is to be noted that as per sec 3 of the Ordinance the auxiliary forces were the indian military forces and not the military nursing service. If the MNS was raised as an auxiliary force then the Auxiliary Forces Act 1920 would have been made applicable to them but the indian Army Act 1911 was made applicable to them as per sec 9 of the MNS Ordinance. And the Auxiliary Forces Act 1920 was only repealed in 1950. Hence there is no any auxiliary forces existing since 1950 in the indian armed forces.

Wednesday, January 7, 2009

APPLICABILITY OF ARMY ACT TO MNS OFFICERS

Whether the Army Act 1950 and particularly the 'officers' definition given in section 3(xviii) of Army Act 1950 is applicable to MNS officers or not ?


YES - Section 9 of MNS Ordinance 1943 speaks about the same as follows:

9. Application of Army Act, 1911
(now enacted as Army Act 1950), to members of Indian Military Nursing Service. – (1) The provisions of the Indian Army Act, 1911 (now enacted as AA 1950), shall, to such extent and subject to such adaptations and modifications as may be prescribed, apply to members of the Indian Military Nursing Service as they apply to Indian Commissioned officer, unless they are clearly inapplicable to women.

Now we have to see upto what extent it is applicable - this is very well prescribed in Rule 3 & 4 of the MNS Rules 1944 as follows:

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.

4. Modification of Indian Army Act, 1911 (now enacted as AA 1950). -
Of the provisions of sections 25 to 42 of the Indian Army Act, 1911, only clause (d) of section 30 and clause (i) of section 39 (now of the provisions of sections 34 to 70 of the Army Act 1950, only section 39 and 63) shall apply to offences committed by officers of the Nursing Services and those provisions shall have effect in relation to such offences.

The Army Act 1950 has fifteen Chapters in total and Chapter XVI has been omitted. The interpretation of the Army Authorities that only two sections i.e. 39 & 63 of this entire Act is applicable to MNS officers is totally wrong and unjustifiable. Because the two sections mentioned above is related to offences committed by MNS Officers. In the Army Act 1950, these two sections 39 and 63 are coming under Chapter VI which is only related to offences. And, this Chapter VI has 37 sections in total (i.e. from 34 to 70).

With the above, it is clarified that only 2 sections under the offences chapters is made applicable to MNS officers with modifications and the entire Army Act is made applicable to MNS officers without any modifications. Therefore, the definition of ‘officers’ given in section 3(xviii) of the Army Act 1950 is very well applicable to MNS officers.

Click here to know more about the applicability of Army Act 1950 to MNS Officers

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.

HISTORY OF MILITARY NURSING SERVICES

INITIAL INTRODUCTION AND LATER DEVELOPMENTS
OF NURSING SERVICE IN INDIAN ARMY

1888 Arrival of British Trained Nurses :
1st Batch of British Trained Nurses were appointed for service in Indian Station Hospitals for service with British Troops.

1896 Establishment of British Army Nursing Service :
This service was gradually increased and the Permanent Cadre of British Army Nursing Service established and thereafter those trained nurses were granted Commission in British Army.

1902 :
British Army Nursing Service had been formulated and Queen Alexandra became the 1st President.

1903 :
British Army Nursing Service had been redesignated as Queen Alexandra Military Nursing Service.

1914 Temporary Indian Nursing Service :
A temporary Indian Nursing Service started for the Nursing care of the Indian soldier.

1927 Establishment of Permanent Nursing Service :
A Permanent Nursing Service with qualified nurses started for service with the Indian Military forces with the strength of 55. (This is the cadre for which Permanent Commission had been granted after the promulgation of the Indian Military Nursing Service Ordinance XXX of 1943).

1941 Auxiliary Nursing Service (India) :
Auxiliary Nursing Service (India) inaugurated. The aim of this service had been to produce a large number of partially trained nurses to supplement the army requirement and to work as temporary branch of the Permanent Nursing Service. (From this cadre, candidates were selected for further training in the nursing schools recognized by the Provincial Nursing Registration Councils and after the six to nine months training they had been put into the cadre of General Service ANS (I). Further, this General Service ANS (I) members were granted Temporary Commission in Military Nursing Service after the promulgation of the Ordinance XXX of 1943 and even few of them who were attained proper qualification or 10 years of service experience were granted Permanent Commission in Military Nursing Service). But the recruitment to the ANS had been stopped after the 1971 war as it was decided not to supplement the Regular Cadre (the Officers of the Military Nursing Service) with nurses without proper Qualifications and certificates. In January 1977, only one ANS member who had attained the age of 55 was in service and the others had either been superannuated or granted Regular Commission in the Military Nursing Service. So there is no more Auxiliary Nursing Service exists in Indian Army.

1943 Upgradation of Status And Privileges of Permanent Military Nursing Service members at par with other Commissioned Officers of the Indian Army :
The Indian Military Nursing Service Ordinance XXX of 1943 was promulgated to make the Indian Military Nursing Service as part of the Indian Army and the status of its members equivalent to the Commissioned Officers. This was a reward for the service rendered by the Permanent Nursing Service members during2nd world war. (During 2nd world war, the large number of them was sent to different places of Middle East, Africa, Europe and the Far East where they served under the most tiring conditions. They worked in Base and Field Hospitals and casuality clearing stations. Some served in Hospital ships. So their Work was universally acclaimed and it raised the prestige of the service enormously).

1947 Change in Administration :
For the first time one of the Indian Military Nursing Service officer Mrs DG Howard was appointed as Head of the IMNS as Chief Principal Matron in the rank of Colonel. Before that QAMNS officer held the same post. Later the rank of Chief Principal Matron had been upgraded to the rank of Brigadier. After independence, the Indian Military Nursing Service had been redesignated as Military Nursing Service.

Post Independence Period :
Our own Military Nursing Schools in different military hospitals to train the selected candidates on all India basis started (Still the same schools with B.Sc (Nursing) programs are only existing). On the successful completion of training, the probationer nurses were granted Permanent Commission in Military Nursing Service, which is still in practice.

Up gradation of Rank and change in Appointment:
The Permanent cadre of the Military Nursing Service sanctioned in 1976 allowed for one Major General, 8 Brigadiers, 19 Colonels and 68 Lieutenant Colonels. The post of Matron-in-Chief, Army HQ, was upgraded from Brigadier to Major General and eventually redesignated as Director Nursing Service. The Command Principal Matrons of HQ Southern Command and HQ Central Command were promoted to the rank of Brigadier, and the Principal Matrons of seven military hospitals to Colonel. Twenty-three posts were upgraded from Major to Lieutenant Colonel and 38 from Captain to Major. Later there were many changes like the appointment of Director Nursing Service had been redesignated as Additional Director General Military Nursing Service, and the appointment of Command Principal Matron had been redesignated as Deputy Director Military Nursing Service.

MNS (Local) :
A third wing of the Military Nursing Service, the MNS (Local), was open to married nurses with the age group of 21 to 35 years and with a certificate of three to five years training in an approved hospital and be state registered. They joined in the rank of Lieutenant and no further promotion, no transfer/posting and change to the Permanent Commission was open to them. Even recruitment for this cadre also had been stopped.

Civil Nurses :
Civilian Sister had been selected to make up the deficiency in the military hospitals. They were paid less than the Commissioned Nursing Officers, but were entitled to dearness allowance, uniform allowance free furnished accommodation.

1951 :
Free ration facility for the Civilian Sisters had been stopped.

1959 :
Government revised the terms and conditions of Civilian Sisters to bring them on par with other civilian employees of the defence force.

1964 College of Nursing :
B.Sc (Nursing) degree course started at Armed Forces Medical College, Pune.

Therefore, the Military Nursing Service is not an auxiliary force or not a different cadre but an integral part of the Indian Army. Military Nursing Service is of the Permanent Nursing Service formulated by the British to provide nursing care for the Indian Troops and the one for which an Ordinance had been promulgated to make them as part of the Indian Army and their status equivalent to the commissioned officer.

And further the Military Nursing Service officers can not be compared with any of the above mentioned cadres like ANS (I), General Service ANS (I), MNS (T), MNS (Local) and the Civil Nurses as their qualification, service conditions, eligibility for appointment in permanent cadre and responsibilities are entirely different. Click here to know more about the origination and the status of the Military Nursing Service