The bench, led by Justices B R Gavai and K V Vishwanathan, noted that the authorities should have extended the 2013 judgment of the Armed Forces Tribunal (AFT), Principal Bench, to Lt Col Chandel, as she had a distinguished service record, having served continuously since 2007 and received a commendation card from the Chief of Army Staff in 2019.
NEW DELHI: The Supreme Court, in a decision on Monday (9th Dec), directed the Union government to grant permanent commission to Lt Col Suprita Chandel, a woman Army officer who was unfairly denied the same benefits as her male counterparts.
The bench, led by Justices B R Gavai and K V Vishwanathan, noted that the authorities should have extended the 2013 judgment of the Armed Forces Tribunal (AFT), Principal Bench, to Lt Col Chandel, as she had a distinguished service record, having served continuously since 2007 and received a commendation card from the Chief of Army Staff in 2019.
The court allowed her appeal against the Armed Forces Tribunal’s Lucknow bench’s denial of relief. It ruled that she was entitled to equal treatment as other officers who had benefited from the AFT judgment, which gave a third chance for promotion to officers eligible before the rules were amended in 2013.
The amended rules, which capped the extension at 35 years of age and required a Master’s in Dental Surgery qualification, had unfairly excluded Lt Col Chandel from receiving this opportunity.
Today’s Hearing
The bench criticized the stand taken by the respondents, deeming it unreasonable. Justice Vishwanathan highlighted that it would be unjust to deny relief to Lt Col Chandel, especially when soldiers at difficult postings, such as Siachen, focus on their service rather than perquisites.
In delivering the judgment, Justice Vishwanathan remarked,
“Consider the brave Indian soldiers stationed at Siachen or in other challenging terrains, who are focused on safeguarding the borders. Their concerns about service conditions and job benefits would be the last thing on their minds. Would it be just to deny them relief, even if they are in similar circumstances, simply because the judgment they rely on was passed only in favor of certain applicants who approached the court? Such a scenario would be profoundly unfair.”
The court invoked Article 142 of the Constitution to ensure complete justice, directing that she be granted permanent commission retroactively to the date when similar officers received their benefits.
The bench emphasized that when a citizen wins a case based on a legal principle, others in similar situations should not be required to go to court for the same relief.
The bench further stated, “We direct that the appellant’s case be considered for the grant of permanent commission, and she should receive the benefits from the same date as the similarly situated individuals who were granted benefits following the AFT Principal Bench’s judgment dated January 22, 2014.”
The court further clarified that, while exceptions exist, the appellant had been wrongfully excluded from consideration, and the delay in her case was justified by special circumstances, such as her postings and the Covid-19 pandemic. It concluded that, at nearly 45 years of age, it would not be fair to subject her to the 2013 rules, as there had been no fault on her part.
Background
The matter followed denying permanent commission to women officers in the Coast Guard. In February, the Supreme Court criticized the Central government’s stance and emphasized that the Coast Guard should align itself with the Army and Navy in granting permanent commission to women officers.
The Central Government’s argument that the Coast Guard operates in a different domain compared to the Army and Navy was countered by the court, emphasizing the need for equal opportunities across all branches of the armed forces.
The Supreme Court‘s previous judgment in Babita Punia, where it held that women Short Service Commission officers are entitled to Permanent Commission at par with their male counterparts. The court’s emphasis on gender equality and equal opportunities for women in the armed forces.
