Ex MNS officers call for ESM rights restored; question Women Empowerment.
The Military Nursing Service (MNS) as one of the oldest and most distinguished all-women services in the Armed Forces, holds thousands of officers posted at various hospitals of the Armed Forces. MNS marked its 99th Raising Day on Oct 1, 2024 with solemnity and pride.
The news poured in from various corners of our great nation the Bharat, cutting of cakes, the ceremony as a testament to the camaraderie and professional excellence of the service which has played an indispensable role in the health and welfare of Indian soldiers, particularly during wars, conflicts, and national emergencies for last 98 years.
Though cakes were sweet but ironically the same seemed bitter to many of those who on successful completion of 5 to 14 years of long service in Military are being released or already released but being denied the status of ESM (Ex Service Men) which otherwise such officers had been rightfully been enjoying in the past for decades.
One of the Ex MNS officer of Capt rank a PCS qualifier who is fighting for her right of ESM, in courts bitterly circulated on socialmedia, “99 years of celebrating #MNSRaisingDay, but behind the fanfare, countless MNS officers are battling for justice, recognition, and basic rights. Women in uniform are hailed as empowered, yet we continue to fight in courts for what is rightfully ours. When will the system acknowledge the years of service, sacrifice, and dedication? How long must we wait? It’s time to question: Is this the empowerment we celebrate?”
In Delhi Maj Gen Ignatius Delos Flora, Addl Director General of Military Nursing Services laid a wreath at the National War Memorial, in the presence of senior MNS officers and veterans.
According to news from Delhi the Chief of the Army Staff (COAS) Gen Upendra Dwivedi in his message, commended the MNS Officers for their unwavering commitment to patient care, even in the most challenging conditions. He highlighted the significant role of MNS officers, as Pillar of strength of Armed Forces Medical Services.
The Military Nursing Service, established in 1926, has grown into a robust and indispensable part of the Indian Armed Forces. Over the past 98 years, it has evolved into a highly skilled and specialized cadre, committed to providing the best possible medical care to Indian soldiers and their families. The Military Nursing Service continues to uphold its mission of “Service before Self,” and the motto ‘Service with Smile’ that resonates deeply with every MNS officer in the service.
The origin of MNS dates back to the pre-independence colonial era when British and Indian soldiers served in the British Army and 10 British nurses arrived in INDIA to setup nursing services in India. The British Indian government established the Indian Army Nursing Services (IANS) marking the formal beginning of Military Nursing in India.Thereafter in 1902 renamed as Queen Alaxendra Military Nursing Services.During WW1 in 1914 Temporary Indian nursing services started.
The officers of IANS had played a crucial role in providing medical care to wounded soldiers during World War I and ll. On 1st Oct 1926, the Permanent Nursing Service was raised in the Indian Army and designated as the Indian Military Nursing Service. Post Independence, the MNS was established as part of the AFMS. It has evolved as a renowned service known for its rich history of dedication and exemplary service in both war and peace. The MNS is one of the best nursing services in the world with a strong will, strength of mind, and courage.
Why the cake tasted bitter?
On 7th March 2024 in national seminar held in Delhi under the banner of EMNOWOI (Ex Military Nursing Officers Welfare Organisation India), it’s founder; a philanthropist Ashwani Joshi had briefly explained the issue and suggested the express solution to the Prime Minister of India that would serve a great justice to these young officers who are certainly much superior to recently so called Aganiveers! More over it called for Women Empowerment!
According to Ashwani Joshi viewing the matter in correct perspective; let’s understand the Root cause and simple solution to it and to request the honorable Prime Minister of India to intervene to address the burning issue specifically to these short service commissioned lady officers.
1. It becomes important to first provide a background to the issue before proceeding with the matter since the controversy is the resultant of unnecessary complications on the subject due to certain erratic steps and might not require any detailed policy intervention by the govt.
2. Ex Military Nursing service officers, who, as per statutory provisions, are members of “Armed Forces of the Union”, since times immemorial were granted Ex-Serviceman (ESM) status and faced no problems at all in this regard. The Ex-Servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979 granted ESM status to all members of the “Armed Forces” and contained an exception clause for “paramilitary forces”.
There was no controversy on Ex Military Nursing service officers being ESM since MNS is an “Armed Force of the Union”. Over the years, members of the Central Armed Police Forces (CAPFs) also started claiming ESM benefits under the Rules on the pretext that they were also categorized as “Armed Forces” as per their respective Acts.
In order to remove any such confusion, the term “Armed Forces” in the ESM Rules were restricted to “Regular Army, Navy and Air Force” over the years, and later solidified in the current rules, that is, Ex-Servicemen (Re-employment in Central Civil Services and Posts) Amendment Rules, 2012 dated 04 October 2012.
3. Even after issuance of the Amendment Rules of 2012, no problem was faced by Ex Military Nursing Officers since it was well understood that they were covered under the definition of ESM. When certain doubts were raised by some quarters on the issue, it was clarified by the Kendriya Sainik Board vide Letter No 2(2)/Policy/KSB/A dated 08 July 2014 that Ex Military Nursing officers fall under the definition of ESM. Even till that point, no problem was faced by ex MNS Officers. When again doubts were raised, these were laid to rest by the AG’s Branch after seeking the advice of JAG vide their Note No B/33143/AG/PS-2(b) dated 26 Dec 2016 clarifying that Ex Military Nursing officers were covered under the definition of MNS and that they serve in the Regular Army.
4. Though there was no need of any further exposition or deliberation, the status of ESM enjoyed all throughout was unnecessarily disturbed by the KSB which issued another letter, that is, Letter No 061/Gen Policy/KSB/A dated 31 July 2019 in which the KSB stated that as per the current definition of ESM (04 Oct 2012) issued by the DoPT, Ex Military Nursing officers are not ESM.
It may be noted that this just one-page letter issued by the KSB had no authority of the MoD or even the Army HQ and was issued suo moto without any discussion with any stakeholder.
It is also a matter of concern that while the said ESM Rules only deal with the limited functionality of reservation in specific posts of the Central Government, after the issuance of the said letter of 2019 Ex Military Nursing officers were deprived of many other benefits in different spheres that they were entitled to being former officers of the Armed Forces.
5. In the meantime, the grievance reached the High Level Committee that was constituted in wake of the orders of the Hon’ble Supreme Court in Civil Appeal 7417/2010 Union of India Vs Maj Gen Usha Sikdar wherein this point was also raised with the committee which was dealing with multiple grievances not limited to the ones covered in the said Civil Appeal.
While noting the grievance, the Committee stated that Ex Military Nursing officers were always ESM and their status as ESM was “well established”. The said recommendations were also approved by the Government of India after the sanction of the Hon’ble Raksha Mantri vide MoD ID No 13/CC/18/D(Med) dated 07 March 2019. Needless to state, the locally issued letter by KSB based upon a personal perception of just an officer could not have overridden what had been the accepted definition since the inception of the Armed Forces as also the explanation / clarificationin this regard by the Army HQ, the High Level Committee and the approval by the Hon’ble Raksha Mantri. Besides, MNS Officers are also included in the Regulations for the Army, 1986.
6. The matter has not been put to rest till date despite the approval by the Hon’ble Raksha Mantri. However, the problems being faced by MNS officers are not a result of any specific requirement of a policy change or any further inclusion or amendment in the DOPT Rules but are a result of a totally unnecessary letter dated 31 July 2019 issued by the KSB without due authority.
In between, it had been stated that the matter could be further discussed after the decision in the Civil Appeal filed in Maj Gen Usha Sikdar’s case.
However, it needs to be pointed out here that the appeal in Maj Gen Sikdar’s case was filed in the year 2010 which was much prior to the issuance of the current rules (2012) or the controversy created by the KSB (2019) and has no link with the issue of ESM status.
In fact, Maj Gen UshaSikdar was a serving officer but not an ex officer and the controversy in that case related to issues of serving officers such as Car Plates and Salutation etc.
7. The direct deleterious effects of the issuance of the undue letter by the KSB dated 31 July 2019 have been very damaging and have the propensity to dent the image of the Armed Forces and also the Government, besides affecting the morale of MNS officers.
For example, Short Service Commissioned Officers of the MNS released in youthful age are now not being granted reservation and age relaxation in various govt jobs on the pretext that they are not ESM, which has turned to be exploitative for such SSCOs who are neither assured a permanent job in the MNS, nor considered for reservation and relaxation or benefits for civil jobs thus leaving them high and dry from all sides.
Till 2019, no such problem was being faced. The aim of the Short Service Scheme itself is to provide a few years of service in the military so that such officers can then join the civil sector in different capacities but not wasted out the skill expertise.
The very concept of Short Service for the MNS is under threat with the letter dated 31 July 2019 issued by the KSB. Even senior MNS Officers retiring with pension are unable to apply for posts on the civil side, including those in the nursing, medical and administrative fields on the same pretext.
8. It is therefore requested that rather than taking up the circuitous and complicated route of seeking an amendment in the DoPT Rules or seeking to add any clarification in the said Rules, as is being suggested, a simple action of withdrawing the KSB Letter dated 31 July 2019 which has led to all this confusion and damage may be taken and the said letter may be directed to be treated as cancelled thereby restoring the pre-31 July 2019 position when Ex Military Nursing officers were being duly considered ESM.
Alternatively, since the matter already stands approved by the Hon’ble RM, a short letter of clarification may be issued stating that “it is clarified that Ex Military Nursing officers are to be treated as covered under the definition of ESM”.
Hope this serves large purpose in the public interest.
Thanks.