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Supreme Court of India 2025-04-16 partly_allowed

IRWAN KOUR vs PUNJAB PUBLIC SERVICE

Bench: 2 — Pamidighantam Sri Narasimha, Manoj Misra

In Brief

The Supreme Court held that personnel of the Indian Military Nursing Service qualify as 'ex-servicemen' under Punjab's recruitment rules and are entitled to reservation benefits for civil service appointments. The Court rejected the State's argument that clarifications from the Kendriya Sainik Board (a welfare advisory body) could exclude IMNS personnel from the statutory definition. Since IMNS is part of the armed forces under the Military Nursing Service Ordinance, 1943, and the rule specifically includes 'Military' without limitation, IMNS officers meet the eligibility criteria. The Court also protected the appellant's existing appointment while directing that respondent no. 4 be appointed with notional (not backlog) benefits if otherwise eligible.

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Constitutional Law Civil Service Recruitment Military Law Administrative Law Reservation Policy Ex-Servicemen Welfare Article 309 Powers

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