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SURYA KANT, UJJAL BHUYAN, N. KOTISWAR SINGH
Yogendra Kumar Singh – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. background on appeals regarding permanent commission (Para 2 , 3 , 4 , 5) |
| 2. contentions raised by appellants in support of appeals (Para 6) |
| 3. court's analysis of acr grading and its implications (Para 7 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. evaluation of dynamic vacancy model and its fairness (Para 18 , 22 , 30 , 31) |
| 5. failure to disclose criteria impacting fairness of selection process (Para 44 , 46) |
| 6. court's conclusions and directions regarding the appeals (Para 52 , 56) |
JUDGMENT :
SURYA KANT, CJI.
Applications for intervention are allowed, and the Applicants therein are directed to be impleaded as Intervenors.
2. The instant batch of appeals arises from a long and unsettled chapter in the service jurisprudence of the Indian Navy. It has been instituted by a group of roughly 25 Short Service Commission Officers (SSCOs), the majority of whom are women seeking the grant of Permanent Commission (PC). At its core, this dispute does not concern mere instances of non-selection; rather, it calls for a detailed evaluation of the fairness and transparency of the process by which officers, after long years of service, were assessed for career permanence.
3. In brief, the
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 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 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 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....
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....
Women officers of Indian Army who have been granted Permanent Commission, cannot be denied promotion to rank of Colonel by selection.
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....
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.
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....
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