Punjab and Haryana High Court Affirms Former Military Nurses as ‘Ex-Servicemen’ for Government Employment

punjab and haryana high court Law Insider

LI Network

Published on: February 6, 2024 at 12:37 IST

The Punjab and Haryana High Court has clarified that former military nursing officers fall within the definition of ‘ex-servicemen’ under the Punjab Recruitment of Ex-servicemen Rules, 1982.

The decision came in response to a case involving a military nursing officer who, after being appointed for a short service commission under the Military Nursing Service Ordinance, 1943, faced rejection of her candidature in the Punjab State Civil Services Combined Competitive Exam, 2020, under the ‘Ex-Servicemen’ category.

The Division Bench, consisting of former Acting Chief Justice Ritu Bahri and Justice Aman Chaudhary, highlighted that the officer’s receipt of gratuity upon release from service, coupled with her appointment under the Ordinance and governance by the Army Act, 1950, qualified her as an ‘ex-serviceman.’

The Court emphasized that eligibility conditions and benefits related to reservations are the prerogative of the employer, in this case, the Government of Punjab.

The Court’s decision overturned a single bench order that initially held the military nursing officer did not meet the ‘ex-servicemen’ definition in terms of Punjab Recruitment of Ex-servicemen Rules, 1982.

The Court directed that if her candidature is found meritorious, she should be granted appointment with only notional benefits of service.

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