Military Nurses are 'ex-servicemen' for purpose of employment: Punjab and Haryana High Court

The Punjab and Haryana High Court recently held that a former military nursing officer would fall under the category of 'ex-serviceman' of the military as defined by the Punjab Recruitment of Ex-servicemen Rules, 1982 [Captain Gurpreet Kaur v. Punjab Public Service Commission and others].The Court was dealing with a case concerning the entitlement of Captain Gurpreet Kaur (appellant), a former officer of the Indian Military Nursing Services to claim the status of "ex-servicemen" for reservation benefits in a public recruitment process..A bench of Acting Chief Justice Ritu Bahri and Justice Aman Chaudhary while referring to Clause 2(c)(iv) of 1982 Rules observed that, "Bare reading of the aforesaid provision expressis verbis (in express terms) reveals that, the sole criterion to fall within the definition being in receipt of gratuity upon release from service, which the appellant (former military nursing officer) did, a fact that remained incontrovertible.".Captain Gurpreet Kaur had served in the military for five years as a nursing officer between 2013 and 2018, after which she was released from military service and also paid gratuity.She then applied for the Punjab State Civil Services Combined Competitive Exam, 2020, under the 'ex-servicemen' category. However, her candidature was rejected on the ground that she did not fall under the category of "ex-servicemen."This verdict was challenged before the High Court. After a single-judge rejected her plea in 2022, she appealed against the same before a division bench of the High Court..The division bench observed that the woman's status as an "ex-serviceman" of the military was established since the Indian Military Services was set up by a 1943 ordinance governed by the Army Act, 1950 and since there was a gazette notification categorizing 'Military Nursing Service' under the category of "Regular Army.".The Court also dismissed the State's contention that the determination of eligibility conditions for reservations is not solely at the discretion of the appellant's employer."The eligibility conditions and the benefits to be granted regarding reservations etc. is the prerogative of the employer, which in the present case is not the Central Government but the Government of Punjab, which has notified its own 1982 Rules framed in exercise of powers conferred under proviso to Article 309 read with Articles 234 and 318 of the Constitution of India," the Court stated..The Court concluded that it could not agree with the single-judge ruling against the former military nursing officer, since she fell under the category of "ex-servicemen" and since the Punjab government's 1982 recruitment rules were meant for the benefit of ex-servicemen in recruitment to the State Civil Service..With the above observations, the Court allowed the appeal and directed that if the appellant's candidature is found to be meritorious, she should be promptly appointed. Advocates Navdeep Singh and Roopan Atwal appeared for the appellant. Additional Advocate General Saurav Verma appeared for the State. Advocate Shivoy Dhir appeared for the Union of India. Advocate MS Doabia appeared for another respondent..[Read Order]