Landmark verdict recognises systemic discrimination and ensures pension rights for women officers
In a landmark judgment aimed at strengthening gender equality in the armed forces, the Supreme Court of India on Tuesday upheld the grant of Permanent Commission (PC) to women Short Service Commission (SSC) officers and extended pension benefits to those released from service earlier.
A bench led by Chief Justice Surya Kant, along with Justices Ujjal Bhuyan and N. Kotiswar Singh, invoked Article 142 of the Constitution of India to ensure relief for affected officers.
The court ruled that women SSC officers who were denied permanent commission would be “deemed” to have completed the minimum qualifying service of 20 years required for pension, even if they were released earlier.
“The inequality of opportunities has affected their inter se merit. They were categorised as unfit for long-term career progression. The respondents have correctly measured the vacancies. The male officers cannot expect that the vacancies will expect the vacancies to be exclusively male. Thus, we find that denial of permanent commission was a consequence of systemic discrimination and not finding them fit for career progression, we invoke Article 142 to render complete justice. Thus, PC grants to SCCOs shall not be disrupted. As a one-time measure, the woman SCCO and intervenors who were relieved from service during the proceedings at any level shall be deemed to have completed substantial service of 20 years and will be entitled to pension but not the arrears in pay,” the CJI said.
Pension relief for women SSC officers
The apex court ruled that women Short Service Commissioned Officers (SSCOs) who were released during the course of the legal proceedings would be treated as having completed 20 years of service, making them eligible for pensionary benefits.
However, the bench clarified that while pension benefits will be granted, the officers will not be entitled to arrears of salary.
Court notes systemic discrimination
The court observed that the denial of permanent commission to women officers was a result of systemic discrimination that limited their career progression within the armed forces.
The ruling also examined the denial of permanent commission to women officers across the Indian Army, Indian Navy, and Indian Air Force.
Regarding the Air Force, the bench noted that the “Service Length Criteria” and “Minimum Performance Criteria” introduced in 2019 were implemented hastily, leaving officers with little opportunity to meet the new requirements.
However, the court clarified that the ruling will not apply to women officers in the Judge Advocate General (JAG) and Army Education Corps (AEC) cadres.
The verdict is being seen as a significant step toward gender equality in India’s armed forces, reinforcing the rights and service conditions of women officers.
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