Ex-Military Nursing Officers are “ex-servicemen”: Supreme Court of India

The Supreme Court of India has held that Military Nursing Service (MNS) officers cannot be denied “ex-serviceman” (“ESM”/veteran) status for re-employment.

A released Short Service Commissioned officer of the MNS, Captain Gurpreet Kaur, had cleared the examination for the Punjab Civil Services in 2021 under the ESM category reservation but her candidature was rejected on the ground that she was not an “ESM”. Aggrieved, she had approached the High Court wherein she pointed out that the MNS was an “Armed Force of the Union” under the statute and the Rules covered Short Service Officers released on completion of terms of engagement with gratuity under the definition of ESM.

The High Court had finally held that MNS is an “Armed Force of the Union” and Punja
b ESM Rules recognise all armed forces officers released on completion of terms with a gratuity as ESM. The State was directed by the High Court to appoint her in civil service with notional seniority.

The High Court judgment was however challenged in the Supreme Court of India.

The top court has dismissed the appeal and upheld the right of MNS officers to be treated as ESM. The Supreme Court has also held that the MNS is an integral part of the military and the Armed Forces.

The MNS is the only all-woman branch of the Armed Forces.

More on the case can be seen at the website of The Tribune.