The Indian Air Force and the Centre have been ordered by the Supreme Court to consider offering permanent commissions (PCs) to 32 retired women short service commission (SSC) officers based on their qualifications in order to provide them with pension benefits.
However, a bench made up of Chief Justice D Y Chandrachud, Justices Hima Kohli, and J B Pardiwala declined to order their reinstatement on the grounds that they had been removed from service a long time ago, between 2006 and 2009.
According to the judgement, reinstatement is not a feasible option given the requirements associated to the demands of serving the country.
The bench stated that the women IAF officers would be eligible for a one-time pensionary benefit if the IAF determined they were qualified for a permanent commission, starting from the date they would have reached 20 years of service if their service had continued.
The CJI commended the IAF for adopting a fair strategy and instructed senior attorney R Balasubramanian, who was representing the Centre and the Air Force, to express his gratitude to the government and the IAF head.
The panel stated that while providing relief to the former female IAF SSC officers that they had legitimately expected to be considered for permanent commission after five years when they entered the military between 1993 and 1998.
Instead of being given consideration for the permanent service commission, they received successive extensions of six and four years before being finally discharged from service between 2006 and 2009.
According to the then-current policy, these female SSC officers had a genuine expectation that they would be given the chance to apply for permanent commission.
While exercising its extraordinary power under article 142 of the Constitution to render complete justice in any matter before it, the bench stated that we are of the opinion that these female SSC officers be given consideration for the grant of pensionary benefits.
The bench stated that once these retired officers are determined to be qualified for the award of a permanent commission in accordance with HR (Human Resources) policy, the IAF will assess their fitness and consider giving pensionary benefits.
According to the court, the HR Policy from November 2010 will serve as the foundation for the evaluation of the appellants' claims.
However, it was made clear that these officials would not be eligible for salary arrears.
Arrears of pension will be paid beginning on the day the officers reach 20 years of considered service, the document stated.
The bench, in the meantime, requested that the IAF compassionately evaluate the comparable request of two widow officers.
The supreme court ordered that women officers in the Army be given permanent commissions in a landmark decision on February 17, 2020, dismissing the Center's position on their "physiological limits" as being based on "sex stereotypes" and "gender discrimination against women."
All serving SSC women officers must be given consideration for permanent commission within three months, regardless of whether they have completed 14 or, as applicable, 20 years of service.
