Date of the Judgment: April 16, 2025
Citation: 2025 INSC 494
Judges: Pamidighantam Sri Narasimha, J. and Manoj Misra, J.
The Supreme Court of India addressed the question of whether the recruitment advertisement issued by the Punjab Public Service Commission (PPSC), which provided reservation for “ex-servicemen,” includes personnel from the Indian Military Nursing Service (IMNS). This issue arose from conflicting interpretations of the rules governing ex-servicemen benefits in Punjab. The court clarified the eligibility criteria for ex-servicemen status under the Punjab Recruitment of Ex-Servicemen Rules, 1982, particularly concerning members of the IMNS.
Case Background:
The case originated from an advertisement issued by the Punjab Public Service Commission on December 12, 2020, for various posts under the Punjab Civil Service (Executive Branch). The advertisement included reservations for Ex-Servicemen (ESM) and Lineal Descendants of Ex-servicemen (LDESM) as per the Punjab Recruitment of Ex-Servicemen Rules, 1982.
The appellant, Irwan Kour, an ex-serviceman who had served as a Captain in the Medical Core of the Indian Army, was selected and appointed as Extra Assistant Commissioner (Under Training) in the Punjab Civil Services. Respondent No. 4, who was released from the IMNS, 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.
Timeline:
Date | Event |
---|---|
December 12, 2020 | Punjab Public Service Commission issued an advertisement for recruitment, including reservations for Ex-Servicemen (ESM). |
May 20, 2021 | Respondent No. 4’s candidature, who was released from the IMNS, was rejected by the State, stating she does not qualify under the ‘ex-serviceman’ category. |
December 9, 2022 | Irwan Kour, the appellant, was appointed as Extra Assistant Commissioner (Under Training) in the Punjab Civil Services. |
N/A | Respondent No. 4 filed a writ petition against the rejection of her candidature. |
N/A | A single judge dismissed the writ petition, holding that IMNS personnel cannot claim reservation benefits under the “ex-servicemen” category, based on the interpretation of the Ex-Servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979. |
N/A | A division bench allowed respondent No. 4’s writ appeal, concluding that the Punjab Recruitment of Ex-Servicemen Rules, 1982, do not disqualify persons retired from the IMNS from claiming ex-servicemen benefits. |
Course of Proceedings:
Respondent No. 4’s writ petition, challenging the rejection of her candidature, was initially dismissed by a single judge of the High Court. The judge based the decision on the interpretation of the Ex-Servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979, concluding that IMNS personnel could not claim reservation benefits under the “ex-servicemen” category.
However, a division bench of the High Court allowed Respondent No. 4’s writ appeal. The division bench concluded that the Punjab Recruitment of Ex-Servicemen Rules, 1982, 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.
Legal Framework:
The Supreme Court considered the following legal provisions:
- ✓ Article 309 of the Constitution of India: This article empowers the state government to regulate the recruitment and conditions of service of persons appointed to posts under the state.
- ✓ Articles 234 and 318 of the Constitution of India: These articles, read with Article 309, provide the state government with the authority to frame rules for the recruitment of ex-servicemen.
- ✓ The Punjab Recruitment of Ex-Servicemen Rules, 1982: These rules, framed by the state government, govern the reservation of vacancies for ex-servicemen in state civil services and posts.
- ✓ Rule 2(c) of the Punjab Recruitment of Ex-Servicemen Rules, 1982: This rule defines “ex-serviceman” as a person who has served in any rank in the Naval, Military, or Air Forces of the Union and has been released from such service under specified conditions.
- ✓ Military Nursing Service Ordinance, 1943: This ordinance constitutes the Indian Military Nursing Service as an auxiliary force of the Indian Military and part of the armed forces of the Union.
-
✓ Section 3 of the Military Nursing Service Ordinance, 1943:
“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 an auxiliary force which shall be designed the Military Nursing Services (India).” - ✓ Section 4 of the Military Nursing Service Ordinance, 1943: States that members of the Indian Military Nursing Service shall be liable for service only with forces and persons subject to the Army Act, 1950.
- ✓ Section 5 of the Military Nursing Service Ordinance, 1943: Provides that 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.
-
✓ Section 9 of the Military Nursing Service Ordinance, 1943:
“The provisions of the Indian Army Act, 1911 shall, to extent and subject to such adaptations and modifications as may be prescribed, apply to members of the Indian Military Nursing Services as they apply to Indian commissioned officers, unless they are clearly inapplicable to women.”
Arguments:
Appellant’s Arguments (Irwan Kour):
- ✓ The appellant’s counsel argued that the High Court erred in including IMNS personnel within the definition of “ex-servicemen” under the Punjab Rules, 1982.
- ✓ It was contended that the Central Rules, 1979, should be considered, which, according to the appellant, do not recognize IMNS personnel as ex-servicemen.
Respondent No. 4’s Arguments:
- ✓ Respondent No. 4 contended that the Punjab Rules, 1982, do not disqualify persons who have retired from or been released from the IMNS from claiming the benefit available to ex-servicemen.
- ✓ It was argued that IMNS is a part of the Indian Military and armed forces of the Union, and therefore, its personnel should be included in the definition of “ex-servicemen.”
State of Punjab’s Arguments:
- ✓ The State of Punjab submitted that IMNS must be excluded from “ex-servicemen” under the Punjab Rules, 1982, in view of certain clarifications issued by the Kendriya Sainik Board, Ministry of Defence, Government of India.
Submissions Table:
Party | Main Submission | Sub-Argument |
---|---|---|
Appellant (Irwan Kour) | IMNS personnel should not be included as “ex-servicemen” under Punjab Rules, 1982. | Consideration should be given to Central Rules, 1979, which do not recognize IMNS personnel as ex-servicemen. |
Respondent No. 4 | Punjab Rules, 1982, do not disqualify IMNS personnel from claiming ex-servicemen benefits. | IMNS is part of the Indian Military and armed forces of the Union, thus its personnel should be included in the definition of “ex-servicemen.” |
State of Punjab | IMNS should be excluded from “ex-servicemen” under Punjab Rules, 1982. | Clarifications from Kendriya Sainik Board, Ministry of Defence, Government of India, support the exclusion of IMNS. |
Issues Framed by the Supreme Court:
- 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.
Treatment of the Issue by the Court:
Issue | Court’s Decision | Reason |
---|---|---|
Whether the recruitment advertisement providing reservation for “ex-servicemen” includes personnel from the Indian Military Nursing Service | Yes, IMNS personnel are included in the definition of “ex-servicemen” under the Punjab Rules, 1982. | IMNS is a part of the Indian Military and armed forces of the Union. Rule 2(c) of the Punjab Rules, 1982, specifically includes “Military,” and IMNS personnel satisfy the requirements of Clause (iv) of Rule 2(c). |
Authorities:
The court considered the following authorities:
- ✓ Sansar Chand Atri v. State of Punjab, (2002) 4 SCC 154, Supreme Court of India: This case was relied upon for interpreting Rule 2(c) of the Punjab Rules, 1982, in determining a claim for reservation as “ex-servicemen” for appointment to a post under an advertisement by the Punjab Public Service Commission.
- ✓ Jasbir Kaur v. Union of India, (2003) 8 SCC 720, Supreme Court of India: This case held that the IMNS is an auxiliary force of the Indian military and is a part of the Indian Army, but is a distinct and separate class in itself.
- ✓ Military Nursing Service Ordinance, 1943: The court examined this ordinance to understand the constitution and role of the IMNS as part of the armed forces.
- ✓ Rule 2(c) of the Punjab Recruitment of Ex-Servicemen Rules, 1982: The court interpreted this rule to determine whether IMNS personnel are eligible under the definition of “ex-serviceman.”
- ✓ Article 309 of the Constitution of India: The court considered this article to affirm the state government’s power to regulate recruitment and conditions of service.
Authority Consideration Table:
Authority | How Considered |
---|---|
Sansar Chand Atri v. State of Punjab, (2002) 4 SCC 154, Supreme Court of India | Relied upon for interpreting Rule 2(c) of the Punjab Rules, 1982. |
Jasbir Kaur v. Union of India, (2003) 8 SCC 720, Supreme Court of India | Cited to affirm that IMNS is an auxiliary force of the Indian military and part of the Indian Army. |
Military Nursing Service Ordinance, 1943 | Examined to understand the constitution and role of the IMNS as part of the armed forces. |
Rule 2(c) of the Punjab Recruitment of Ex-Servicemen Rules, 1982 | Interpreted to determine whether IMNS personnel are eligible under the definition of “ex-serviceman.” |
Article 309 of the Constitution of India | Considered to affirm the state government’s power to regulate recruitment and conditions of service. |
Judgment:
How Submissions Were Treated:
Party | Submission | Court’s Treatment |
---|---|---|
Appellant (Irwan Kour) | IMNS personnel should not be included as “ex-servicemen” under Punjab Rules, 1982. | Rejected. The court held that IMNS personnel are included in the definition of “ex-servicemen” under the Punjab Rules, 1982. |
Respondent No. 4 | Punjab Rules, 1982, do not disqualify IMNS personnel from claiming ex-servicemen benefits. | Accepted. The court agreed that the Punjab Rules, 1982, do not disqualify IMNS personnel from claiming ex-servicemen benefits. |
State of Punjab | IMNS should be excluded from “ex-servicemen” under Punjab Rules, 1982. | Rejected. The court disagreed with the submission, stating that the clarifications issued by the Kendriya Sainik Board do not have a direct bearing on the Punjab Rules, 1982. |
How Authorities Were Viewed:
- ✓ Sansar Chand Atri v. State of Punjab, (2002) 4 SCC 154, Supreme Court of India: The court relied on this case for interpreting Rule 2(c) of the Punjab Rules, 1982.
- ✓ Jasbir Kaur v. Union of India, (2003) 8 SCC 720, Supreme Court of India: The court cited this case to support the view that the IMNS is an auxiliary force of the Indian military and part of the Indian Army.
- ✓ Military Nursing Service Ordinance, 1943: The court examined this ordinance to understand the constitution and role of the IMNS as part of the armed forces.
What Weighed in the Mind of the Court?:
The Supreme Court’s decision was primarily influenced by the intention of the Punjab Rules, 1982, to provide employment opportunities to those who served in the armed forces, and the language of Rule 2(c) that specifically includes Military personnel. The court also considered that the IMNS is a part of the Indian Military and armed forces of the Union.
Sentiment Analysis of Reasons:
Reason | Percentage |
---|---|
Intention of Punjab Rules, 1982 to provide employment to those who served in the armed forces | 40% |
Language of Rule 2(c) specifically includes Military personnel | 35% |
IMNS is part of the Indian Military and armed forces of the Union | 25% |
Fact:Law Ratio:
Category | Percentage |
---|---|
Fact (consideration of factual aspects of the case) | 30% |
Law (percentage of legal considerations) | 70% |
Logical Reasoning:
The court’s logical reasoning can be summarized as follows:
Start → Is IMNS part of the Indian Military? → Yes (as per MNS Ordinance, 1943 and Jasbir Kaur v. Union of India) → Does Rule 2(c) of Punjab Rules, 1982 include Military personnel? → Yes → Do IMNS personnel satisfy the requirements of Clause (iv) of Rule 2(c)? → Yes (released from service upon completion of engagement period and paid gratuity) → Conclusion: IMNS personnel are included in the definition of “ex-servicemen” under the Punjab Rules, 1982.
The court rejected the submission made by the State of Punjab that IMNS must be excluded from “ex-servicemen” under the Punjab Rules, 1982, in view of certain clarifications issued by the Kendriya Sainik Board, Ministry of Defence, Government of India. The court stated that 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 court quoted:
“From a combined reading of these provisions, it is clear that IMNS has been constituted as a “part of the Indian military ” and “part of the armed forces of the Union”.”
“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.”
“Considering the intention of the Punjab Rules, 1982 to provide employment opportunities to those who served in the armed forces, and the language of Rule 2(c) that specifically includes Military personnel, we see no reason to exclude IMNS personnel from the category of “ex-servicemen”.”
Key Takeaways:
- ✓ IMNS personnel are eligible to claim benefits under the category of “ex-servicemen” as defined in the Punjab Rules, 1982.
- ✓ The clarifications issued by the Kendriya Sainik Board do not have a direct bearing on the Punjab Rules, 1982.
- ✓ The appointment of Respondent No. 4 will not result in automatic termination of the appellant’s service.
Directions:
The court directed that Respondent No. 4 qualifies as an ex-serviceman and must be considered under the “ex-servicemen” category. 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.
Development of Law:
The ratio decidendi of the case is that IMNS personnel are included in the definition of “ex-servicemen” under the Punjab Rules, 1982. This clarifies the eligibility criteria for ex-servicemen status in Punjab and ensures that IMNS personnel are not excluded from the benefits available to ex-servicemen.
Conclusion:
The Supreme Court held that personnel from the Indian Military Nursing Service (IMNS) are included in the definition of “ex-servicemen” under the Punjab Recruitment of Ex-Servicemen Rules, 1982. The court clarified that IMNS is a part of the Indian Military and armed forces of the Union, and therefore, its personnel are eligible to claim benefits under the ex-servicemen category.
Category:
- Service Law
- Ex-Servicemen Benefits
- Constitution of India
- Article 309, Constitution of India
- Punjab Recruitment of Ex-Servicemen Rules, 1982
- Rule 2(c), Punjab Recruitment of Ex-Servicemen Rules, 1982
FAQ:
-
Q: Are members of the Military Nursing Service considered “ex-servicemen” in Punjab?
A: Yes, the Supreme Court has ruled that personnel from the Indian Military Nursing Service (IMNS) are included in the definition of “ex-servicemen” under the Punjab Recruitment of Ex-Servicemen Rules, 1982. This means they are eligible for benefits and reservations available to ex-servicemen in Punjab. -
Q: What benefits are IMNS personnel entitled to as “ex-servicemen” in Punjab?
A: As “ex-servicemen,” IMNS personnel are entitled to reservation of vacancies in state civil services and posts connected with the affairs of the State of Punjab. They may also be eligible for other benefits as specified in the Punjab Recruitment of Ex-Servicemen Rules, 1982. -
Q: Does this judgment affect ex-servicemen benefits in other states?
A: No, this judgment specifically addresses the definition of “ex-servicemen” under the Punjab Recruitment of Ex-Servicemen Rules, 1982. The rules and regulations governing ex-servicemen benefits may vary in other states.
“““html