Former military nurses are ‘ex-servicemen’ for employment in govt jobs, says Punjab and Haryana HC

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’ (ex-servicemen) since she was not a pensioner. Thereafter, she approached the high court wherein she pointed out that the MNS was an “Armed Force of the Union” under the statute and the Punjab Rules covered Short Service Officers released on completion of terms of engagement with gratuity under the definition of ESM.

The ESM status of MNS officers came under a cloud due to a letter by the Kendriya Sainik Board in 2019 denying ESM status to the former.

A single bench of the high court first heard Gurpreet Kaur’s writ petition and dismissed it by stating that the Punjab Rules could not expand the scope of the definition of ESM under the Central Rules.

The former officer then filed a Letter Patent Appeal (LPA) before a division bench, arguing that the Punjab Rules governed employment under the state government for Group A, B, C, and D posts, and the Central Rules only applied to Group C and D posts under the Union government. She stated in her appeal that if the judgment were to be accepted then all past and future recruitments to Group A and B posts in Punjab would be rendered illegal.

Accepting her contentions, the division bench has set aside the single bench judgment and has held that the MNS is an ‘Armed Force of the Union’ under law and employment in Punjab would be governed by Punjab Rules which recognise officers released on completion of terms with a gratuity as ESM. The government has been directed to consider her appointment as per merit with notional seniority.

Retired Army officers said the interpretation of rules to deny ESM benefits to Short Service MNS officers was exploitative since they were rendered unemployed after 5 to 10 years of service in the Army.

Former Military Nursing Service (MNS) officers had earlier appealed to the President and the prime minister to give ex-servicemen (ESM) status to military nurses.

Addressing a press conference in Chandigarh last week, members of the Ex-MNS Officers Welfare Association said while the government is making statements on women empowerment in the military, it was consistently denying ESM status to former MNS officers.

The Indian Express reported on January 25 that while military nurses were participating in the Republic Day parade in New Delhi for the first time, they were being denied the status of ex-servicemen.