IRWAN KOUR Vs. PUNJAB PUBLIC SERVICE COMMISSION

JUDGEMENT

(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 [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 9/12/2022. 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 20/5/2021 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 [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 [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.