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SURYA KANT, UJJAL BHUYAN, N. KOTISWAR SINGH
Wg. Cdr. Sucheta EDN – Appellant
Versus
Union of India – Respondent
JUDGMENT :
SURYA KANT, CJI.
Delay condoned. Leave granted.
2. Applications for intervention are allowed, and the Applicants therein are directed to be impleaded as Intervenors.
3. The instant batch of appeals has been instituted by 6 Short Service Commission Women Officers (SSCWOs) in the Indian Air Force, seeking the grant of Permanent Commission (PC) after being denied such relief through successive selection processes. At stake is the manner in which performance, eligibility, and merit were assessed for all Short Service Commission Officers (SSCOs) after years of service on a time-bound commission.
4. The Appellant-SSCWOs approached the Armed Forces Tribunal, Principal Bench at New Delhi (AFT) as well as the High Court of Delhi (High Court), seeking redressal after being denied the grant of PC on three separate occasions. The AFT, vide its judgement dated 26.09.2023, and the High Court, vide its judgement dated 19.02.2024 (Impugned Judgements), dismissed their Original Applications (OAs) and Writ Petition on the ground that the Appellants either failed to meet the Minimum Performance Criteria or that they were placed low in the order of comparative merit.
A. FACTS
5. The catalyst givi
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....
The systemic bias in grading and opportunity denial significantly impacted women's eligibility for Permanent Commission, necessitating equitable remedies and recognition of their contributions.
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 court affirmed that pension eligibility for Short Service Commission Officers must align with established criteria based on their performance ratings, emphasizing service records' significance ov....
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 ignorance of law is no excuse and upheld the validity of the Policy of 1996 for Permanent Commission, emphasizing that policy decisions in military contexts are not subject to....
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.
Women officers of Indian Army who have been granted Permanent Commission, cannot be denied promotion to rank of Colonel by selection.
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