SC restrains Centre from discharging SSC women Navy officers pending their claim for PC

New Delhi: The Supreme Court Tuesday restrained the Centre from discharging the Short Service Commissioner (SSC) women officers in Indian Navy from service pending consideration of their claims for grant of Permanent Commission (PC). The top court on March 17 in a major verdict paved the way for granting Permanent Commission to women officers in Indian Navy, saying a level playing field ensures that women have the opportunity to overcome "histories of discrimination".

The apex court had said that all the Short Service Commission (SSC) officers in the education, law and logistics cadres of Navy, who are presently in service, shall be considered for the grant of permanent commissions (PCs) and gave three months' time to Centre to complete the modalities.

A bench of Justices D Y Chandrachud and K M Joseph, was hearing a plea of a woman officer through video conferencing, alleging that Centre has not complied with top court's direction of March 17, for the grant of Permanent Commission within a period of three months in Indian Navy.

Advocate Santosh Krishnan, appearing for petitioner Rupali Rohatgi said that this exercise has not been initiated (beyond inviting applications) and completed.

After hearing the arguments, the bench said, Prima facie, the Union of India having failed to comply with the directions contained in the judgment of this Court dated March 17, 2020 which mandated consideration for the grant of Permanent Commission within three months, it would be unfair to discharge the Short Service Commissioned officers in the meantime, pending consideration .

It said, We accordingly issue an ad-interim order and direction that the petitioner(s) shall not be discontinued from service pending consideration of their requests for the grant of Permanent Commission .

It stayed the judgment of the Delhi High Court dated July 23, 2020 and of the Armed Forces Tribunal (AFT) dated July 13, 2020 on the issue of grant of permanent commission.

The bench issued notice to Centre on the plea filed by Rupali Rohatgi, an SSC officer in Indian Navy, challenging the orders of the Delhi High Court and the order of AFT, which had refused to restrain the authorities from releasing them after the lapse of their commission till their claim for grant of permanent commission is considered on merits. Additional Solicitor General Sanjay Jain, appearing for Centre, said an application for extension of time has been filed before this Court in view of the intervening pandemic and the lock down which was occasioned, as a consequence.

Krishnan submitted that as a result of the impugned order of the Delhi High Court; even those cases where interim orders have been granted by the Armed Forces Tribunal are now being listed for vacating them.

The bench posted the matter for further hearing on August 20. Meanwhile, the Indian Army has kickstarted the process to grant Permanent Commission to eligible women officers, nearly two weeks after the defence ministry approved the proposal.

Officials said the Army headquarters has invited applications by August 31 for grant of Permanent Commission (PC) to women officers recruited under Women Special Entry Scheme (WSES) and Short Service Commission (SSC).

"Consequent to the receipt of formal Government Sanction Letter for grant of PC to women officers in Indian Army, the Army headquarters is in the process of convening a special number selection board for screening women officers for grant of PC," said an Army statement. The officials said women officers who have joined the Army through the WSES and SSC are being considered for grant of the PC.

Officials said 10 streams where PC of women officers are being made available include army air defence, signals, engineers, army aviation, electronics and mechanical engineers, army service corps and intelligence corps.