SC Grants Permanent Commission to Woman Army Officer

On December 9, 2024, the Supreme Court of India exercised its powers under Article 142 of the Constitution to grant permanent commission to a woman Army officer, Lt. Col., who had been unfairly excluded from the same benefits extended to her counterparts. This ruling highlights the ongoing efforts to ensure equal opportunities for women in the armed forces, reflecting the Court’s commitment to addressing discrimination based on gender.

Background: The Case of Unequal Treatment

The appellant, a commissioned officer in the Army Dental Corps in 2008, had been denied the third opportunity to apply for permanent commission, unlike other similarly situated officers. Despite the Armed Forces Tribunal (AFT) granting age relaxation to other applicants, the appellant was left out due to her non-involvement in a previous case. The Supreme Court, while setting aside the AFT’s decision, pointed out that denying her this benefit was discriminatory.

Legal Precedents and Court Observations

The Court emphasized that when other officers received benefits, such as age relaxation, the appellant should have automatically been granted the same, as she was in a similar situation. Drawing upon earlier rulings, including Amrit Lal Berry vs. Collector of Central Excise and K.I. Shephard vs. Union of India, the Court noted that citizens aggrieved by governmental actions should not be deprived of the benefits declared by courts, even if they hadn’t joined the original litigation. The government should have extended these benefits without requiring further legal intervention.

Future of Women in the Armed Forces

This decision is a part of a broader movement to grant permanent commissions to women in the Army, as seen in a February 17, 2024, verdict, which directed the Centre to grant permanent commission to all female officers. On December 10, 2024, the Supreme Court further gave the government one month to comply with its directive, emphasizing timely implementation of the judgment.

Summary of the news

Why in News	Details
Supreme Court grants permanent commission	The Supreme Court exercised its powers under Article 142 to grant permanent commission to Lt. Col.
Discrimination in denial	Officer was excluded from benefits given to similarly placed officers due to not participating in the initial case.
Case Details	Lt. Col. in Army Dental Corps, commissioned in 2008, denied third opportunity for permanent commission.
Court’s Decision	Court ruled the exclusion was discriminatory and should be corrected with equal benefits.
Legal Precedents Cited	Reliance on Amrit Lal Berry vs. Collector of Central Excise (1975) and K.I. Shephard vs. Union of India (1987).
Date of Ruling	Supreme Court ruling on December 9, 2024.
Related Previous Verdict	February 17, 2024: Supreme Court directed Centre to grant permanent commission to all women officers in the Army.
Bench Composition	Justices B.R. Gavai and K.V. Viswanathan (for the permanent commission case).
Current Update for Women Officers in Army	Government given one month to implement the ruling granting permanent commission to all female Army officers.
Scheme/Policy Relevance	Permanent commission to women officers is part of ongoing policy to enhance gender equality in the Armed Forces.