Back
SUPREME COURT OF INDIA
DHANANJAYA Y. CHANDRACHUD, CJI., HIMA KOHLI, J.
Cdr Seema Chaudhary – Petitioner
Versus
Union of India and Others – Respondents
Review Petition (Civil) No. 1036 of 2023, Civil Appeal No. 2216 of 2022
Decided On : 26-02-2024
Service Law – Grant of Permanent Commission to Short Service Commission Officers in Indian Navy – [Article 142 of Constitution of India] – Direction which has been issued by AFT requiring that candidature of petitioner for grant of PC should be dealt with batches of 2011 and 2014, to do so would amount to introducing a condition which was not a part of Judgment of this Court in Lieutenant Commander Annie Nagaraja, (2020) 13 SCC 1 – Binding Judgment, which has to be enforced is decision of this Court in Lieutenant Commander Annie Nagaraja, (2020) 13 SCC 1 – Any directions de-hors judgment of Court could not be issued – Though case of petitioner has been considered after decision in Lieutenant Commander Annie Nagaraja, (2020) 13 SCC 1, there is a serious element of prejudice which has been caused to petitioner which must be rectified so as to enforce final directions of this Court – In peculiar facts and circumstances of this case, case of petitioner for grant of PC shall be considered afresh by reconvening a Selection Board – Selection Board shall consider case of petitioner on a stand alone basis since she was the only serving JAG Branch officer of 2007 batch whose case for grant of PC was required to be considered – Consideration by Selection Board shall take place uninfluenced by any previous consideration of her case for PC and uninfluenced by any observations contained in order of AFT – In the event that pursuant to directions of AFT, if a proportional increase in vacancies is required to be created to accommodate petitioner, this shall be carried out without creating any precedent for future – This direction has been issued under Article 142 of Constitution so as to ensure that while no other officer is displaced, a long standing injustice to petitioner is duly rectified – Any Annual Confidential Report which has not been communicated to petitioner shall not be considered for the purpose of grant of PC. (Paras 16, 17, 18 and 19)
Facts of the case:
Case of petitioner for being considered for grant of PC squarely arose in terms of directions contained in Paragraph 109.5 of Judgment in Union of India vs Lieutenant Commander Annie Nagaraja, (2020) 13 SCC 1. Petitioner was considered for grant of PC after Judgment of this Court, but has been denied PC on the ground that there were no vacancies.
Findings of Court:
Should petitioner be aggrieved by any further decision that is taken, she shall be at liberty to pursue her remedies in accordance with law. It is understood by both petitioner, who is personally present before Court, as well as Counsel for Naval authorities that all pending proceedings before AFT relating to petitioner shall stand disposed of in view of present directions.
Result : Review Petition disposed of.
JUDGMENT :
DHANANJAYA Y. CHANDRACHUD, CJI.
1. A batch of petitions pertaining to the grant of Permanent Commission1 [“PC”] to Short Service Commission2 [“SSC”] Officers in the Indian Navy was disposed of by this Court by its judgment in Union of India vs. Lieutenant Commander Annie Nagaraja, (2020) 13 SCC 1. The review petitioner was one of the officers before this Court. The submissions which were urged on her behalf were set out in paragraph 52 of the judgment.
2. In order to appreciate the grievance in the review petition, a reference to some of the salient facts would be in order. The petitioner was commissioned in the Indian Navy as a Short Service Commissioned Officer3 [“SSCO”] in the Judge Advocate Generals4 [“JAG”] Branch of the Indian Navy on 6 August 2007. She was promoted on 6 August 2009 as a Lieutenant and, thereafter, on 6 August 2012 as a Lieutenant Commander. During the course of her service, she was granted an extension in November 2016 for a period of two years and, thereafter, for an equivalent duration in August 2018. On 5 August 2020, the petitioner was informed that she would stand released from service on 5 August 2021.
3. The judgment of this Court in Lieutenant Commander Annie Nagaraja case (supra) was rendered by this Court on 17 March 2020. The directions which were issued by this Court would be of relevance to the present case and are hence set out below:
109.2. By and as a result of the policy decision of the Union Government in the Ministry of Defence dated 25-2-1999, the terms and conditions of service of SSC officers, including women in regard to the grant of PCs are governed by Regulation 203, Chapter IX, Part III of the 1963 Regulations.
109.3. The stipulation in the Policy Letter dated 26-9-2008 making it prospective and restricting its application to specified cadres/branches of the Indian Navy shall not be enforced.
109.4. The provisions of the implementation guidelines dated 3-12-2008, to the extent that they are made prospective and restricted to specified cadres are quashed and set aside.
109.5. All SSC officers in the Education, Law and Logistics cadres who are presently in service shall be considered for the grant of PCs. The right to be considered for the grant of PCs arises from the Policy Letter dated 25-2-1999 read with Regulation 203 of Chapter IX Part III of the 1963 Regulations. SSC women officers in the batch of cases before the High Court and AFT, who are presently in service shall be considered for the grant of PCs on the basis of the vacancy position as on the date of judgments of the Delhi High Court and AFT or as it presently stands, whichever is higher.
109.6. The period of service after which women SSC officers shall be entitled to submit applications for the grant of PCs shall be the same as their male counterparts.
109.7. The applications of the serving officers for the grant of PCs shall be considered on the basis of the norms contained in Regulation 203 namely: (i) availability of vacancies in the stabilised cadre at the material time; (ii) determination of suitability and (iii) recommendation of the Chief of the Naval Staff. Their empanelment shall be based on inter se merit evaluated on the ACRs of the officers under consideration, subject to the availability of vacancies.
109.8. SSC officers who are found suitable for the grant of PC shall be entitled to all consequential benefits including arrears of pay, promotions and retiral benefits as and when due.
109.9. Women SSC officers of the ATC cadre in Annie Nagaraja vs. Union of India, 2015 SCC Online Del. 11804, are not entitled to consideration for the grant of PCs since neither men nor women SSC officers are considered for the grant of PCs and there is no direct induction of men officers to
Grant of Permanent Commission to Short Service Commission Officers in Indian Navy – Any Annual Confidential Report which has not been communicated to petitioner shall not be considered for the purpos....
The court affirmed that historical assumptions of ineligibility adversely affected ACR evaluations for promotion, warranting a reevaluation of eligibility for Permanent Commission among Short Service....
The doctrine of legitimate expectation and the reasonableness and fairness of state action in denying the benefit to the appellants were central to the judgment.
Judicial review of executive policy decisions is permissible only if found to be arbitrary or in violation of statutory rules. Policy decisions should provide reasonable opportunities for considerati....
Interim relief in employment cases must demonstrate established rights, especially when addressing personnel policies within defense services.
The non-disclosure of relevant material to the affected party and its disclosure in a sealed cover causes a serious violation of natural justice, leading to substantial prejudice. All material relied....
Service Law - Grant of Permanent Commission - The government has not sanctioned Permanent Commission posts in ATC cadre and officers in ATC cadre are appointed on SSC.
Women officers of Indian Army who have been granted Permanent Commission, cannot be denied promotion to rank of Colonel by selection.
The court ruled that the abrupt introduction of new performance criteria and the casual grading of ACRs for SSCWOs violated principles of fairness and transparency, impacting their eligibility for Pe....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
