1. Recruitment for state civil services — Reservation for ex-servicemen — Eligibility of personnel from the Indian Military Nursing Service under the Punjab Recruitment of Ex-Servicemen Rules, 1982. (Para 2 , 3 , 6 )
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2025 Supreme(SC) 640
SUPREME COURT OF INDIA
PAMIDIGHANTAM SRI NARASIMHA, MANOJ MISRA, JJ.
Irwan Kour – Appellant
Versus
Punjab Public Service Commission & Ors. – Respondents
Civil Appeal No. 5235 of 2025 Arising Out of SLP (C) No. 8842 of 2024
Decided On : 16-04-2025
Important Points
Personnel from the Indian Military Nursing Service qualify as ex-servicemen under the Punjab Recruitment of Ex-Servicemen Rules, 1982, allowing them to claim reservation benefits.
Subject
Employment Law - Public Service Recruitment
Act Referred
CONSTITUTION OF INDIA: Art.234, Art.309, Art.318, Art.372
EX-SERVICEMEN RE-EMPLOYMENT IN CENTRAL CIVIL SERVICES AND POSTS RULES: R.3
PUNJAB RECRUITMENT OF EX-SERIVCEMEN RULES: R.2(c), R.3, R.4
EX-SERVICEMEN RE-EMPLOYMENT IN CENTRAL CIVIL SERVICES AND POSTS RULES: R.3
PUNJAB RECRUITMENT OF EX-SERIVCEMEN RULES: R.2(c), R.3, R.4
Headnote
(A) Ex-Servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979 - Punjab Recruitment of Ex-Servicemen Rules, 1982 - Interpretation of 'ex-serviceman' - The court examined whether personnel from the Indian Military Nursing Service qualify for reservation as ex-servicemen under the Punjab Rules, 1982. The High Court's decision allowing an ex-serviceman's claim was upheld, emphasizing the inclusion of IMNS personnel under the definition of ex-serviceman. (Paras 3, 20, 22)
(B) Eligibility Criteria - The court clarified that the IMNS is part of the armed forces and personnel released from it are eligible for benefits under the ex-servicemen category. The appellant's continued service was protected despite the competing claim. (Paras 21, 22)
Facts of the case:
The appellant, an ex-serviceman, was appointed as Extra Assistant Commissioner under a recruitment advertisement that included reservations for ex-servicemen. The respondent, also an ex-serviceman from IMNS, had her application rejected, leading to a legal challenge.
Findings of Court:
The court found that IMNS personnel qualify as ex-servicemen under the Punjab Rules, 1982, and directed that the respondent be considered for appointment without affecting the appellant's service.
Issues: The main issues were the eligibility of IMNS personnel for ex-serviceman benefits and the implications for the appellant's appointment.
Ratio Decidendi: The court ruled that the IMNS is part of the armed forces, thus qualifying its personnel as ex-servicemen under the Punjab Rules, 1982. The appellant's appointment was protected due to her uninterrupted service.
Result: Civil appeal dismissed with directions.
(B) Eligibility Criteria - The court clarified that the IMNS is part of the armed forces and personnel released from it are eligible for benefits under the ex-servicemen category. The appellant's continued service was protected despite the competing claim. (Paras 21, 22)
Facts of the case:
The appellant, an ex-serviceman, was appointed as Extra Assistant Commissioner under a recruitment advertisement that included reservations for ex-servicemen. The respondent, also an ex-serviceman from IMNS, had her application rejected, leading to a legal challenge.
Findings of Court:
The court found that IMNS personnel qualify as ex-servicemen under the Punjab Rules, 1982, and directed that the respondent be considered for appointment without affecting the appellant's service.
Issues: The main issues were the eligibility of IMNS personnel for ex-serviceman benefits and the implications for the appellant's appointment.
Ratio Decidendi: The court ruled that the IMNS is part of the armed forces, thus qualifying its personnel as ex-servicemen under the Punjab Rules, 1982. The appellant's appointment was protected due to her uninterrupted service.
Result: Civil appeal dismissed with directions.
Legal Category Hierarchy
Advocates Appeared:
For the Petitioner(s): Mr. Vinay Kumar Garg, Sr. Adv. Mr. Ankur Chhibber, Adv. Mr. Nikunj Arora, Adv. Mr. Vardhman Kaushik, AOR Mr. K S Rekhi, Adv. Mrs. P S Vijayadharni, Adv. Mr. Arindam Sarin, Adv.
For the Respondent(s): Mr. Vivek Jain, D.A.G. Ms. Nupur Kumar, AOR Mr. Sadiq Noor, Adv. Nishanth Patil, AOR.
For the Petitioner(s): Mr. Vinay Kumar Garg, Sr. Adv. Mr. Ankur Chhibber, Adv. Mr. Nikunj Arora, Adv. Mr. Vardhman Kaushik, AOR Mr. K S Rekhi, Adv. Mrs. P S Vijayadharni, Adv. Mr. Arindam Sarin, Adv.
For the Respondent(s): Mr. Vivek Jain, D.A.G. Ms. Nupur Kumar, AOR Mr. Sadiq Noor, Adv. Nishanth Patil, AOR.
Table of Contents
2. Whether personnel released from the Indian Military Nursing Service qualify as ex-servicemen under state rules versus exclusion based on central guidelines and welfare board clarifications. (Para 3 , 19 )
3. IMNS is an auxiliary force and part of the armed forces of the Union; state reservation rules are governed by Article 309 and independent of central welfare clarifications. (Para 9 , 11 , 12 , 13 , 14 , 15 , 19 )
4. Personnel of the Indian Military Nursing Service qualify as ex-servicemen if they meet the service and release criteria defined under the Punjab Recruitment of Ex-Servicemen Rules, 1982. (Para 17 , 18 )
5. Respondent found eligible for ex-servicemen reservation and entitled to appointment with notional benefits; appellant's existing appointment to be maintained. (Para 20 , 22 , 23 )
6. Do the Ex-Servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979 apply to recruitment conducted by a State Public Service Commission?
No. State governments regulate recruitment for state posts under Article 309 of the Constitution. Central Rules are restricted to Central Civil Services and specific paramilitary posts and do not determine eligibility for state-level reservations. (Para 9 )
7. Is the Indian Military Nursing Service (IMNS) considered part of the Armed Forces of the Union?
Yes. Under the Military Nursing Service Ordinance, 1943, the IMNS is constituted as an auxiliary force of the Indian Military and is part of the armed forces of the Union. (Para 11 , 13 )
8. Do personnel released from the Indian Military Nursing Service qualify as ex-servicemen under the Punjab Recruitment of Ex-Servicemen Rules, 1982?
Yes. Since IMNS is part of the Indian Military and armed forces of the Union, its personnel qualify as ex-servicemen provided they meet the specific release and gratuity conditions under Rule 2(c). (Para 17 , 18 )
9. Do clarifications issued by the Kendriya Sainik Board regarding ex-serviceman status bind the State Government's reservation rules?
No. The Board's purpose is to implement resettlement and welfare policies. Such determinations do not override rules formulated by the State Government under Article 309 of the Constitution for providing reservations. (Para 19 )
JUDGMENT :
PAMIDIGHANTAM SRI NARASIMHA, J.
1. Leave granted.
2. The short question arising for our consideration is whether the recruitment advertisement issued by the Punjab Public Service Commission inter alia providing reservation for “ex-servicemen”, would include personnel from the Indian Military Nursing Service,1[Hereinafter “IMNS”.].
3. The appellant, an ex-serviceman, having worked as Captain in the Medical Core of Indian Army, was selected and appointed under the advertisement as Extra Assistant Commissioner (Under Training) in the Punjab Civil Services (Executive Branch). She joined service on 09.12.2022. The contesting party, respondent no. 4, was released from IMNS and also applied under the same advertisement as an ‘ex-serviceman’, but her candidature was rejected by the State on 20.05.2021 on the ground that she does not qualify under this category. Her writ petition against the rejection of her candidature was dismissed by the learned single judge, holding that IMNS personnel cannot claim reservation benefits under the “ex-servicemen” category. This decision was based on the interpretation of the Ex-Servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979,2[Hereinafter “Central Rules, 1979”.]. The division bench, however allowed respondent no. 4’s writ appeal by the order impugned before us. It concluded that the relevant rules governing the recruitment, i.e., the Punjab Recruitment of Ex-Servicemen Rules, 1982,3[Hereinafter “Punjab Rules, 1982”.] do not disqualify persons who have retired from or been released from the IMNS from claiming the benefit available to ex-servicemen. Consequently, the High Court directed that respondent no. 4, if found meritorious, be appointed forthwith and be given notional benefits of service.
4. Pending disposal of the Special Leave Petition filed by the appellant, this Court granted an interim order staying the judgment and order passed by the High Court and as such the appellant, appointed on 09.12.2022 is continuing in service.
5. We have heard Mr. Vinay Kumar Garg, learned senior counsel appearing on behalf of the appellant, Mr. MV Mukunda for contesting respondent no. 4, and Ms. Nupur Kumar for the State of Punjab.
6. Short and necessary facts are as follows. The Punjab Public Service Commission issued an advertisement on 12.12.2020 inviting applications for recruitment to number of posts under the Punjab Civil Service (Executive Branch). Clause 2 of the advertisement provided the number of vacancies as well as the posts for which reservation is provided. This included reservation for Ex-Servicemen (ESM) and Lineal Descendants of Ex-servicemen (LDESM) as provided for under the Punjab Rules, 1982. Note (1)(b) of Clause 11 confines the reservation only to residents of Punjab.
7. Rules 3 and 4 of the Punjab Rules, 1982 relate to the scope and extent of their application and reservations provided. The relevant portion of the said Rules are extracted hereinbelow for ready reference:
“ Rule 3 . Extent of Application. - These rules shall apply to all the State Civil Services and posts connected with the affairs of the State of Punjab, except the Punjab Vidhan Sabha Secretariat Service and the Punjab Superior Judicial Service.
Rule 4 . Reservation of Vacancies. (1) Subject to the provision of rule 3, 13% of vacancies to be filled in by direct appointment in all the State Civil Services and posts connected with the affairs of the State of Punjab shall be reserved for being filled in by recruitment of Ex-servicemen.”
8. The reservation for ‘ex-servicemen’ under the advertisement must be understood as per the definition in Rule 2(c) of the Punjab Rules, 1982, which is as under:
“2. Definitions - In these rules, unless the context otherwise requires ‘Armed Forces of the Union’ means the Naval, Military and Air Forces of the Union of India;
…
(c) "Ex-serviceman" means a person who has served in any rank, whether as a combatant or a non-combatant, in the Naval, Military and Air Force
