Ex-Military Nursing Officers are ‘ex-servicemen’ for employment: Supreme Court

In a relief to Short Service Commissioned Officers of the Military Nursing Service (MNS) seeking post-release rehabilitation, the Supreme Court on Wednesday ruled that such officers cannot be denied “ex-serviceman” (ESM) status for the purpose of re-employment.

While passing the orders today, the Apex Court's Bench of Justice PS Narasimha and Justice Manoj Misra upheld the judgment of a Division Bench of the Punjab and Haryana High Court (HC) rendered in this regard by then Acting Chief Justice Justice Ritu Bahri and Justice Aman Chaudhary.

An MNS officer, Captain Gurpreet Kaur, had cleared the examination for the Punjab Civil Services in 2021 but her candidature was rejected on the ground that she was not an “ESM”.

Aggrieved, she had approached the High Court wherein she pointed out that the MNS was an “Armed Force of the Union” under the statute and the Punjab ESM Rules covered Short Service Officers released on completion of terms of engagement with gratuity under the definition of ESM.

On the other hand, the ESM status of MNS officers had come under a cloud due to a contradictory letter issued by the Kendriya Sainik Board in 2019 denying ESM status under the central government. MNS officers were being granted ESM status even under the Central Government till 2019.

The High Court had held that MNS is an “Armed Force of the Union” under law and that employment in Punjab would be governed by Punjab ESM Rules which recognise all armed forces officers released on completion of terms with a gratuity as ESM. The state was directed by the High Court to appoint her with notional seniority.

The High Court judgment was however challenged in the Supreme Court by a serving PCS officer, Irwan Kour, a former officer of the Army Medical Corps, who submitted that MNS officers could not be treated as ESM, and if Captain Gurpreet Kaur was appointed to the PCS, her appointment may get disturbed.

The SC has however dismissed the case filed by Irwan Kour and upheld the right of MNS officers to be treated as ESM. The SC has also held that the MNS is an integral part of the military and the Armed Forces.

Citing a report of The Tribune, the Apex Court further recognised that Punjab caters to 7.7 per cent strength of the Army despite the national population only being 2.3 per cent, pointing out that if resettlement of veterans is ignored, talented youth may not be motivated to join the Army.

The MNS is the only all-woman branch of the Armed Forces. Retired Army officers and legal experts say that the convoluted interpretation of rules to deny ESM benefits to Short Service MNS officers was extremely exploitative since they were rendered unemployed after 5 to 10 of service in the Army after which they were refused age relaxation or reservation in civil posts.