IMNS Personnel Recognised as Ex-Servicemen under Punjab Rules 1982 | SC

Case Details: Irwan Kour vs. Punjab Public Service Commission - [2025] 179 taxmann.com 672 (SC)

Judiciary and Counsel Details

• Pamidighantam Sri Narasimha & Manoj Misra, JJ.
• Vinay Kumar Garg, Sr. Adv., Ankur Chhibber, Nikunj Arora, K S Rekhi, Mrs P S Vijayadharni, Arindam Sarin, Advs. & Vardhman Kaushik, Aor for the Petitioner.
• Vivek Jain, D.A.G., Ms Nupur Kumar, Nishanth Patil, Aors & Sadiq Noor, Adv. for the Respondent.

Facts of the Case

In the instant case, the Punjab Public Service Commission issued an advertisement on 12.12.2020 for recruitment to posts in the Punjab Civil Services (Executive Branch), providing reservation for Ex-Servicemen (ESM) and Lineal Descendants of Ex-Servicemen under the Punjab Recruitment of Ex-Servicemen Rules, 1982, with the reservation confined to residents of Punjab.

Respondent no. 4 joined the Indian Military Nursing Service in 2013 as a Short Service Commissioned officer and was released on 04.09.2018 upon completion of her service period, with entitlement to gratuity. The Indian Military Nursing Service (IMNS) was constituted as an auxiliary force of the Indian military and as part of the armed forces of the Union; its members were of commissioned rank and were subject to service with forces/persons under the Army Act, with specified provisions applicable to them.

Respondent no. 4 applied under the ESM category, but the State rejected her candidature on 20.05.2021 for non-eligibility. The single judge dismissed her writ petition; the division bench allowed her appeal, holding that the Punjab Rules, 1982, did not disqualify IMNS personnel and directed that she be appointed, if found meritorious, with notional benefits of service.

Pending the appellant’s Special Leave Petition, this Court stayed the High Court’s judgment; the appellant continued in service. On the appellant’s appeal to the Supreme Court.

Supreme Court Held

It was noted that the Indian Military Nursing Service (IMNS) is an auxiliary force of the Indian military and is a part of the Indian Army, but is a distinct and separate class in itself. Further, IMNS has been constituted as a part of the Indian military and part of the armed forces of the Union. IMNS personnel are officers of commissioned rank, whose service and conduct are regulated by the MNS Ordinance, 1943 and certain provisions of the Army Act, 1911, Regulations made by the Chief of Army Staff, and Rules made by the Central Government.

The Supreme Court observed that the term ‘ex-serviceman’ as defined under Rule 2(c) of Punjab Rules, 1982 specifically includes ‘Military’, along with Navy and Air Force, and as per MNS Ordinance, 1943 and the Supreme Court’s decision in Jasbir Kaur v. Union of India, IMNS is a part of Indian Military and armed forces of Union.

The Supreme Court held that, 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, there is no reason to exclude IMNS personnel from the category of ‘ex-servicemen’.

Further, the Supreme Court held that, where respondent no. 4 joined IMNS in 2013 as a Short Service Commissioned officer and was released on 04.09.2018 upon completion of her service period with applicable entitlement to gratuity, she would qualify as an ‘ex-serviceman’ under Rule 2(c) of the Punjab Rules, 1982.

List of Cases Referred to

• Sansar Chand Atri v. State of Punjab 2002 taxmann.com 3830 (SC) (para 9)
• Jasbir Kaur v. Union of India [2004] 2003 taxmann.com 4309 (SC) (para 13).