SC grants pensionary benefits to army's women SSC officers
New Delhi, March 25 -- Denial of permanent commission (PC) to the Army's short service commission women officers ( SSCWOs) was a result of "systemic failure" and "entrenched discrimination", the Supreme Court said on Tuesday as it held that all of them released from service after 14 years will be entitled to pension benefits.
"We invoke our extraordinary powers under Article 142 of the Constitution to hold that as a one-time measure, SSCWOs released from service before the Armed Forces Tribunal or the high court or this court or in the interregnum shall be deemed to have completed 20 years and entitled to pension and all other benefits except arrears of pay," said a bench of Chief Justice of India Surya Kant and justices Ujjal Bhuyan and N Kotiswar Singh.
Women and men short service commission officers of the 2010 and 2011 batches, who were denied PC between 2019 and 2022, filed 84 petitions in the Supreme Court after the Armed Forces Tribunal refused to grant relief.
The bench said in-service women in the short service commission are eligible for PC, subject to securing minimum grades, medical criteria, vigilance, and disciplinary clearance.
The Supreme Court considered the impact of the Lt Col Nitisha v Union of India (2021) judgment, in which it said the Army adopted discriminatory yardsticks in assessing permanent commission for women.
The petitioners told the court that since their Annual Confidential Reports (ACRs) were prepared in the 10th year of service when the judgment had not come, they were at a disadvantage compared to male officers for permanent commission consideration.
The bench said that because the avenue for PC opened later, this undermined their suitability and adversely affected their entitlement for PC.
"They were placed at a disadvantage with their male counterparts. The overall merit for the grant of PC was disproportionately affected."
The bench reminded the government and the Army to review the ACR evaluation process for future batches, keeping with its directions in the Nitisha case.
Dealing with separate petitions of Air Force and Navy short service commission women officers, the court extended its order about pension benefits to all of them released from service on completion of 14 years of service.
For the Navy, the court held only those officers eligible for PC who were inducted before January 2009. With regard to batches after January 2009, the bench said that the order will not apply to three streams, where PC was available to women officers in the past.
The court said its decision will not impact the PC selection already made.
The government produced ACRs before the court to show there was no discrimination in allotting marks.
Additional solicitor-general Aishwarya Bhati, appearing for the government, said that the criteria applied may appear to be one of "exclusion," but the Army's policy in granting PC is to select the best.
Short service commission officers, who do not qualify for permanent commission, are entitled to gratuity, canteen facilities, ex-servicemen status for further employment opportunities in government jobs, and resettlement courses at prestigious institutes in select domains....
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