In a first, military nurses to march in Republic Day parade, but their fight for ex-servicemen status goes unnoticed

Despite prolonged litigation and sympathetic stance by the Ministry of Defence (MoD) and the three service chiefs as well as the Department of Personnel and Training, the ESM tag still eludes the military nurses.

The dichotomy of the status after retirement is such that while military nurses who complete their pensionable service get many benefits of ESM like canteen services, Ex-servicemen Contributory Health Scheme (ECHS) and One Rank One Pay (OROP), they are not recognised as ESM.

However, MNS officers are not eligible for any government jobs or schemes which have reservation for ESM. This is particularly hard on those military nurses who leave the service after the Short Service Commission and wish to join other government jobs.

A serving MNS officer of the rank of Major who is about to leave the service after Short Service Commission says the lack of ESM status severely restricts the opportunities which are available in civilian life.

“After serving in the same harsh field conditions as our counterparts from AMC and performing tasks in deserts, high altitude and jungles we are denied the status of ESM. Apart from causing lack of opportunities in jobs, this is also humiliating for us,” said the Major on condition of anonymity.

A policy letter issued by the Kendriya Sainik Board (KSB) in 2014 attempted to clarify the status of the MNS officers as ex-servicemen and categorically stated that they enjoyed the status of ESM. However, a subsequent letter by the Board in 2019 rescinded the earlier directions and yet again emphasised that the military nurses were not to be considered ex-servicemen after the retirement.

In 2019, news reports emanating from the MoD suggested that an ‘in-principle’ decision had been taken to record the status of ESM to MNS officers. However, nothing has happened on the ground in this respect.

In August 2022, Minister of State for Defence Ajay Bhatt, while answering a question by Rajya Sabha MP, A A Rahim, stated that the MNS officers released from service cannot be given the status of service meant.

Asked whether retired nursing officers are given the title and benefits of ex-servicemen, the MoS Defence replied, “No, Sir. As per the definition of Ex-servicemen issued by the Ministry of Personnel, Public Grievances and Pensions vide Notification No. G.S.R. 757 (E) dated 4″ October, 2012, MNS Officers are not covered under the definition of Ex-servicemen”.

In 2018, while answering a question on ex-servicemen status of MNS officers by Rajya Sabha MP Anubhav Mohanty, the then MoS Defence Dr Subhash Bhamre stated, “As per Department of Personnel and Training (DoP&T) Notification dated 15.12.1979, an Ex-Serviceman means a person who has served in any rank in the Armed Forces of the Union, including the Armed Forces of the former Indian states. The definition of Ex-Servicemen was revised as per DoP&T’s Notification dated 27.10.1986 as a person who has served in any rank whether as a combatant or non-combatant in the Regular Army, Navy and Air Force of the Indian Union. Military Nursing Service (MNS) is not included in the definition of Regular Army”.

He added that the matter is under consideration of the Ministry.

In August 2015, the then Defence Minister Manohar Parrikar answered a question on the ex-servicemen status of MNS officers by Dr Anubhav Mohanty.

“Military Nursing Service is a part of Armed Forces Medical Services as an auxiliary service which is governed by Military Nursing Service Rules, 1944 framed under (The Indian) Military Nursing Service Ordinance, 1943. Therefore, all the provisions of the Army Act are not applicable to MNS. There is disparity in applicability of the Army Act between the officers of MNS and those of regular Army as these are two separate cadres. The disparity in applicability of the Army Act between officers of the above-mentioned two different cadres stems from the difference in legal provisions governing them,” he had said.

In May, 2022, while dismissing the petition of MNS officer Gurpreet Kaur, challenging the invalidation of her candidature as ESM candidate for PCS and Allied Service competitive examination held by Punjab Public Service Commission (PPSC), the Punjab and Haryana High Court noted that, “No doubt, the members of MNS are serving the nation for the last about 80 years and it is also not in dispute that despite being females, they are rendering services in extreme difficult situations; sometimes in most unfavourable weather conditions at high altitudes; yet they have not been according the status of ESM for claiming certain benefits which are available to the Armed Forces Veterans and that certainly may be a cause of heart burning”.

The High Court observed that the members of MNS deserve sympathetic consideration for the redressal of their grievance.

“I hope that the focus on ‘Nari Shakti’ on this Republic Day and our marching contingent will help highlight the anomaly which our service suffers from and it will aid in getting ourselves recognised as ex-servicemen after we shed our uniforms,” says the MNS Major who retires soon.