The Supreme Court recently held that retired officers of the Indian Military Nursing Services (IMNS) are 'ex-servicemen' making them eligible for employment with the Punjab government [Irwan Kour v Punjab Public Service Commission & Ors]. .A Bench of Justices PS Narasimha and Manoj Misra said that IMNS has been constituted as a part of the Indian military and is a part of the armed forces of the Union and its personnel are officers of commissioned ranks who are governed by army laws. The Court noted that Rule 2(c) of the Punjab Recruitment of Ex-Servicemen Rules, 1982 defines “ex-serviceman” as a person who has served in any rank, as a combatant or non- combatant, in the Naval, Military or Air Force of the Union, and who has retired or been released from service in certain specified circumstances. “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”,” the Bench ruled. .It rejected the Punjab government’s argument that IMNS must be excluded from ex-servicemen because the Kendriya Sainik Board has said so. “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 Court was dealing with a plea filed by Irwan Kour, a former officer of the Army’s medical core, challenging the judgement of the Division Bench of the High Court allowing one Gurpreet Kaur’s plea to be treated as an ex-serviceman for appointment into Punjab government. Irwan Kour argued that Gurpreet Kaur belonged to IMNS and cannot be treated as an ex-serviceman. The two women were competing for the same post under the ex-serviceman category. After considering the case, the apex court said that both Gurpreet Kaur and Irwan Kour are eligible. Therefore, it ordered the Punjab government to appoint Gurpreet Kaur, if found eligible; however, this shall not affect Irwan Kour’s appointment, which has already been made, the Court made it clear..Senior Advocate Vinay Kumar Garg appeared for Irwan Kour. Advocate MV Mukunda represented Gurpreet Kaur. State of Punjab was represented through advocate Nupur Kumar. .[Read Judgment]
