If resettlement of veterans is neglected, talented youths may not join armed forces: Supreme Court

New Delhi: Effective resettlement of ex-servicemen is necessary to keep the morale of serving members of defence forces, the Supreme Court on Wednesday said while ordering appointment of a woman who retired from the Indian Military Nursing Service.

A bench of Justices PS Narasimha and Manoj Misra said if the resettlement of veterans is neglected, talented youths may not be motivated to join the armed forces.

The top court was hearing an appeal filed by an ex-servicemen challenging an order of the Punjab and Haryana High Court which allowed a petition filed by a candidate and directed her appointment forthwith.

The petitioner, 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) and joined service in 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 in 2021 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 single judge, holding that IMNS personnel cannot claim reservation benefits under the "ex-servicemen" category.

The division bench, however allowed respondent no. 4's appeal and concluded that the relevant rules governing the recruitment, i.e., the Punjab Recruitment of Ex-Servicemen Rules, 19823 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.

"The state government recognises the contribution of a resident of the state of Punjab by joining the armed forces of the Union. Serving the nation as part of the armed forces of the Union requires physical fitness and that has everything to do with age," the bench said.

As they serve and exit the armed forces, they may be spent force for military, but continue to be young and capable for civil life, it said.

Their engagement in civil society is not merely a matter of employment opportunity for ex-servicemen but also subserves the larger interest of the nation and also in building a fair and a healthy society, the bench said.

"The policy decision of the state government is in recognition of the fact that the strength of army personnel from Punjab is about 89,000 persons. This accounts for 7.7 per cent of the Army's rank and file even though its share in the national population is 2.3 per cent.

"Effective resettlement of ex-servicemen is necessary to keep the morale of the serving members of the defence forces. If the resettlement of veterans is neglected, the talented youth of the nation may not be motivated to join armed forces," the bench said.