Supreme Court Grants Permanent Commission to Woman Army Officer Wrongly Excluded from Consideration

In a landmark ruling, the Supreme Court of India has granted permanent commission to a woman Army officer with an exemplary service record, emphasizing the need for equitable treatment among armed forces personnel. The decision was made possible through the court’s extraordinary powers under Article 142 of the Constitution, which allows it to intervene in cases where justice requires.

A Bench comprising Justices B.R. Gavai and K.V. Viswanathan highlighted the injustice faced by the officer, who had been unjustly excluded from consideration for permanent commission while other similarly situated officers received such benefits. Justice Viswanathan, who authored the judgment, articulated the court’s concern for fairness, stating, “Will it be fair to tell them that they will not be given relief even if they are similarly situated, since the judgment they seek to rely on was passed in the case of certain applicants alone who moved the court? We think that would be a very unfair scenario.”

The court’s observations underscored the dedication and sacrifices of Indian soldiers serving in challenging environments like Siachen, where thoughts regarding service conditions and job perks are far from their minds. The justices criticized the stand taken by the authorities, arguing that it would not only disadvantage the appellant but also establish a precedent that could reinforce unreasonable practices within the military.

The case arose from an appeal by the woman officer, currently serving as a Lieutenant Colonel in the Army Dental Corps in Agra. She contested a January 2022 ruling by the Armed Forces Tribunal (AFT) Regional Bench in Lucknow, which denied her the same benefits afforded to her male counterparts. The Supreme Court’s ruling instructs that her application for permanent commission must be processed with the same recognition and effective date as those of other officers who benefited from a prior AFT judgment made on January 22, 2014.

In its decision, the court has not only remedied the specific case of the appellant but has also sent a broader message about fairness and equity within the armed forces, reinforcing the idea that service conditions should be just for all personnel, irrespective of gender. The ruling marks a significant step towards greater gender equality in the Indian military, addressing long-standing issues relating to the treatment and recognition of women in uniform.