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2026 Supreme(SC) 303

SUPREME COURT OF INDIA
SURYA KANT, CJI., UJJAL BHUYAN, NONGMEIKAPAM KOTISWAR SINGH, J.
Sqn. Ldr. Nitu Thapliyal and Others – Appellants
Versus
Union of India and others – Respondents
Miscellaneous Application Nos. 1799-1803 of 2023 in Civil Appeal Nos. 192-196 of 2012 with Miscellaneous Application Nos. 1804-1808 of 2023 in Civil Appeal Nos. 192-196 of 2012
Decided On : 24-03-2026

Advocates appeared:
For the Petitioner(s): Dr. Menka Guruswamy, Sr. Adv. Ms. Garima Sachdeva, Adv. Mr. Hansdeep Singh, Adv. Ms. Shaswati Parhi, Adv. Ms. Divyanshi Maurya, Adv. Mr. Rohit Kumar, AOR Ms. Pooja Dhar, AOR Ms. S. Ambica, Adv. Mr. Atul Kumar, Adv. Mr. Abhimanyu Sharma, Adv. Ms. Deepali Atreja, Adv. Mr. Rahul Thukral, Adv. Mr. Tarun Gupta, AOR Mr. Rakesh Kumar, AOR Mr. Huzefa A Ahmadi, Sr. Adv. Mr. Rahul Krishna, AOR Ms. Rashmi Singh, Adv. Ms. Shruti Sharan, Adv. Mr. Dev Vrat Anand, Adv.
For the Respondent(s): Mrs. Aishwarya Bhati, A.S.G. Ms. Shreya Jain, Adv. Ms. Riddhi Jad, Adv. Mr. Mukesh Kumar Maroria, AOR Mr. Anuj Srinivas Udupa, Adv. Mr. Madhav Singhal, Adv. Mr. Jagdish Chandra, Adv. Mr. Digvijay Dham, Adv. Col Mukul Dev, Adv. Mr. Akshay Bhandari, AOR Mrs. Shriya Gilhotra, Adv. Dr. Menaka Guruswamy, Sr. Adv. Ms. Astha Sharma, AOR Ms. Anju Thomas, Adv. Mr. Sanjeev Kaushik, Adv. Mr. Simranjeet Singh Rekhi, Adv. Ms. Shaswati Parhi, Adv. Ms. Divyanshi Maurya, Adv. Mr. Sanjoy Ghose, Sr. Adv. Mr. Sahil Kalia, Adv. Mr. Chandan Kumar, Adv. Mr. Mohit Garg, Adv. Mr. Siddharth Gill, Adv. Mr. Sahil Chandra, AOR

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 over claims for notional promotions.

Headnote:(A) Armed Forces - Short Service Commission Officers - Permanent Commission - The Court upheld the decision regarding eligibility for pensionary benefits, distinguishing between those who met ACR criteria and those who did not, reaffirming principles from prior rulings and ensuring fair treatment based on service records. Specific relief sought by three Applicants denied due to insufficient ACR grade. Clarifications provided for those eligible regarding pension calculations based on notional last-drawn salary post minimum service. (Paras 1, 14, 22, 28)

(B) Promotion - Non-grant of notional promotion as Wing Commander - Court refused to grant notional promotions to applicants who did not serve in the rank, emphasizing the importance of actual service records and hierarchies in the Armed Forces. (Paras 25-27)

Facts of the case:
Applicants sought directions for pension benefits post service release, having been impacted by past policies precluded from awarding Permanent Commission. They contested eligibility rulings post AU Tayyaba judgement.

Findings of Court:
Denial of pensionary benefits to certain applicants upheld due to failure to meet ACR benchmarks, while clarifications were made applicable to others for fair reassessment.

Issues: The key issues were the eligibility for pension under HRP 04/10 against ACR grading and challenges surrounding notional promotions without prior service in that rank.

Ratio Decidendi: The court emphasized the significance of ACR grading as a benchmark for determining pension eligibility, ruling that notional promotions could not be applied on a standard not served in practice.

Result: Applications disposed of, with directions given for clarification on pension eligibility.

Judgement Key Points

Key Points: - (!) - (!) - (!) - (!) - (!)

What is the court’s ruling on pension eligibility for Short Service Commission Officers under HRP 04/10 based on ACR benchmarks?

What is the court’s stance on notional time-scale promotions to Wing Commander for SSCWOs who never served in that rank?

What clarifications does the court provide regarding computation of pension and related benefits for SSCWOs under AU Tayyaba (supra) and the 15.04.2024 order?

ORDER :

SURYA KANT, CJI.

1. Permission to file the Miscellaneous Applications is granted.

2. The instant Applications have been filed by 10 Short Service Commission Women Officers (SSCWOs), who were Appellants and Intervenor-Applicants before this Court in Civil Appeal Nos. 192 – 196/2012. They seek specific directions regarding the implementation of the judgement of this Court in AU Tayyaba v. Union of India , (2023) 5 SCC 688 by which the said Civil Appeals were disposed of.

3. To adduce the facts in a nutshell, the Applicants were inducted into the Indian Air Force on Short Service Commission (SSC) between 1993 and 1998. However, due to the erstwhile policies of the Respondent-Authorities, whereby SSCWOs were not considered eligible for the grant of Permanent Commission (PC), they were consequently released from service without being considered for the same.

4. Meanwhile, in a Public Interest Litigation (PIL) instituted before it, the High Court of Delhi (High Court), by its judgement dated 12.03.2010 in Babita Puniya v. Secretary , 2010 SCC OnLine Del 1116 struck down such policies as being unfair and directed reinstatement of the affected SSCWOs, along with reconsideration of their cases for the grant of PC. Significantly, Paragraph 61(iii) of the said judgement limited this benefit to those SSCWOs who were: (i) either still in service; or (ii) had filed independent petitions before the High Court and had retired or been released from service during the pendency of such proceedings.

5. Admittedly, the Applicants did not fall within the ambit of the said categories. Thus, in an effort to challenge their removal from service, the Applicants lodged fresh Writ Petitions before the High Court, seeking relief pari materia to that granted in Babita Puniya (supra). The High Court, however, declined such relief as the Applicants did not fall within any of the specific categories of officers entitled to the relief identified in Babita Puniya (supra). Aggrieved by the denial of similar relief, the Applicants filed Civil Appeal Nos. 192 – 196/2012 before this Court.

6. A 3-Judge Bench of this Court, vide judgement dated 16.11.2022 in AU Tayyaba (supra), allowed the Civil Appeals and held the Applicants, along with other Appellants, eligible to be considered in accordance with the Air Force’s Human Resource Policy 04/10 dated 19.11.2010 (HRP 04/10). It was further directed that if they were found eligible for the grant of PC, such SSCWOs would be entitled to “pensionary benefits on the basis that they have completed the minimum qualifying service required for pension.” A material consideration which weighed with this Court was that the original proceedings before the High Court in Babita Puniya (supra) arose from a PIL filed by an advocate, and the Applicants had moved the High Court for appropriate reliefs within a reasonable period of time following the pronouncement of that judgement.

7. Pursuant thereto, the Respondent-Authorities considered the cases of the Applicants, as well as other Appellants, to determine their eligibility for the pensionary benefits granted by this Court to other such SSCWOs.

8. Out of the ten Applicants before us, three Applicants, namely, Appellant Nos. 9, 13, and 15 in Civil Appeal Nos. 192 – 196/2012, were found ineligible for the grant of PC under HRP 04/10 on the ground that they did not meet the minimum eligibility criterion of an average Annual Confidential Report (ACR) grading of 6.5 or above for each of the preceding three years. Consequently, they were denied the benefit of the deemed fiction created by AU Tayyaba (supra) and the attendant pensionary benefits.

9. However, the remaining seven Applicants, i.e. Appellant Nos. 1, 2, 4, 5, 6, and 16 as well as Respondent No. 6 in Civil Appeal Nos. 192 –196/2012, were found eligible as per HRP 04/10 and were accordingly granted pension computed on the basis of their actual last drawn salary.

10. On account of this, the instant Applications have been filed seekin