[Facts of the case not clear] No reason to exclude Indian Military Nursing Service personnel from ex-servicemen category: SC

The Supreme Court has on April 16, 2025 held that there was no reason to exclude Indian Military Nursing Service (IMNS) personnel from the category of “ex-servicemen” under the Punjab Recruitment of Ex-Servicemen Rules, 1982.

A bench of Justices P S Narasimha and Manoj Misra rejected a contention by the State of Punjab that IMNS must be excluded from “ex servicemen” under the Punjab Rules, 1982 in view of certain clarifications of July 31, 2019 and August 10, 2021 issued by the Kendriya Sainik Board, Ministry of Defence, Government of India to this effect.

"We are unable to agree with this submission as the Kendriya Sainik Board’s purpose and objective is to formulate, advise on, and implement resettlement and welfare policies for ex servicemen and their dependents. While the Board may determine the eligibility for these schemes and policies, such determination does not have any bearing on the Rules formulated by the State Government to provide reservations to ex-servicemen," the bench said.

The court said the clarifications issued by the Board do not have a direct bearing on the Punjab Rules, 1982, which are formulated in exercise of powers under Article 309 of the Constitution.

The bench interpreted the term “ex-serviceman” as defined under Rule 2(c) of the Punjab Rules, 1982 to determine whether IMNS personnel are eligible thereunder.

The court noted the State Government recognised the contribution of a resident of the State of Punjab by joining the armed forces of the Union. Serving the nation as part of the armed forces of the Union requires physical fitness and that has everything to do with age. As they serve and exit the armed forces, they may be spent force for military, but continue to be young and capable for civil life. Their engagement in civil society is not merely a matter of employment opportunity for ex-servicemen but also subserves the larger interest of the nation and also in building a fair and a healthy society.

It pointed out the policy decision of the State Government is in recognition of the fact that the strength of army personnel from Punjab is about 89000 persons. This accounts for 7.7% of the Army’s rank and file even though its share in the national population is 2.3%.

"Effective resettlement of ex-servicemen is necessary to keep the morale of the serving members of the defence forces. If the resettlement of veterans is neglected, the talented youth of the nation may not be motivated to join armed forces," the bench said.

The court pointed out Rule 2(c) of the Punjab Rules, 1982, defines “ex-serviceman” as a person who has served in any rank, as a combatant or noncombatant, in the Naval, Military, or Air Force of the Union, and who has retired or been released from service in certain specified circumstances. Clause (iv) of the said rule deals with persons who have been released from service after completing their period of engagement, otherwise than at his own request or by way of dismissal or discharge on account of misconduct or inefficiency and has been given gratuity, it pointed out.

The bench upheld the division bench decision of the Punjab and Haryana High Court and dismissed an appeal filed by Irwan Kaur.

The court examined whether the recruitment advertisement issued by the Punjab Public Service Commission inter alia providing reservation for “ex-servicemen”, would include personnel from the Indian Military Nursing Service.

The appellant, an ex-serviceman, having worked as Captain in the Medical Core of Indian Army, was selected and appointed under the advertisement as Extra Assistant Commissioner (Under Training) in the Punjab Civil Services (Executive Branch). She joined service on December 09, 2022. The contesting party, respondent no. 4, was released from IMNS and also applied under the same advertisement as an ‘ex-serviceman’, but her candidature was rejected by the State on May 20, 2021 on the ground that she does not qualify under this category.

Her writ petition against the rejection of her candidature was dismissed by the single judge, holding that IMNS personnel cannot claim reservation benefits under the “ex-servicemen” category. This decision was based on the interpretation of the Ex-Servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979. The division bench, however, allowed respondent no. 4’s writ appeal by the order, which was impugned in the instant case.

It also concluded that the relevant rules governing the recruitment, i.e., the Punjab Recruitment of Ex-Servicemen Rules, do not disqualify persons who have retired from or been released from the IMNS from claiming the benefit available to ex-servicemen. Consequently, the High Court directed that respondent no 4, if found meritorious, be appointed forthwith and be given notional benefits of service.

This court granted an interim order staying the judgment and order passed by the High Court and as such the appellant, appointed on December 09, 2022 was continuing in service.

The bench noted, as per Article 309 of the Constitution, the state government is entitled to regulate the recruitment and conditions of service of persons appointed to these posts. The Punjab Rules, 1982 have been framed by the state government in exercise of this power under Article 309 read with Articles 234 and 318 of the Constitution. Further, Rule 3 of the Central Rules, 1979 (as amended in 20124), restricts their applicability to Central Civil Services and posts up to the level of Assistant Commandant in paramilitary forces.

Therefore, the Central Rules, 1979 will not apply to determine the eligibility under “ex-servicemen” category for appointment under the advertisement issued by the Punjab Public Service Commission. In Sansar Chand Atri Vs State of Punjab, considering a claim for reservation as “ex-servicemen” for appointment to a post under an advertisement by the Punjab Public Service Commission, this Court relied only on interpretation of Rule 2(c) the Punjab Rules, 1982, the bench pointed out.

"In so far as the appellant is concerned, there is no doubt about her eligibility under the “ex-servicemen” category after her release from the Indian Army upon completion of service," the bench said.

The court confined its inquiry to the eligibility of respondent no 4, who joined the MNS in 2013 as a Short Service Commissioned officer and was released on September 04, 2018, upon completion of her service period with applicable entitlement to gratuity, the bench said.

Military Nursing Service Ordinance, 1943 was promulgated in exercise of powers under the provisions of the Government of India Act, 1935. By virtue of Article 372 of the Constitution, it continues to remain in force to this date. The “Indian Military Nursing Service” is constituted as an auxiliary force of the Indian Military and as part of the armed forces of the Union.

The court agreed with the decision of the division bench of the High Court that respondent no. 4 is eligible to claim benefit under the category of “ex-servicemen” as defined in the Punjab Rules, 1982.

It said the appellant was appointed to the post of Extra Assistant Commissioner (Under Training) in the Punjab Civil Services in 2022 and has uninterruptedly continued in service ever since. Considering the passage of time, and her appointment and continued service in the post, we are of the opinion that it will cause great injustice to her if her appointment is cancelled or set aside at this point in time. Her eligibility has not been doubted in any manner or at any time.

The court directed that respondent no. 4 qualified as an ex-serviceman and must be considered under the “ex-servicemen” category.

"If she is found to be meritorious and if she is otherwise eligible, she must be given an appointment. She will be entitled to notional benefits of service but will not be entitled to any backwages. We, however, clarify that the appointment of respondent No. 4 will not result in automatic termination of appellant’s service," the bench said.