Supreme Court grants 32 ladies Air Force officers pensionary advantages

By PTI

NEW DELHI: The Supreme Court on Wednesday directed the Centre and the Indian Air Force to think about granting Permanent Commission (PC) to 32 retired ladies Short Service Commission (SSC) officers primarily based on their suitability with the aim of giving them pensionary advantages.

A bench comprising Chief Justice D Y Chandrachud and justices Hima Kohli and J B Pardiwala, nonetheless, refused to order their reinstatement on the bottom that they had been launched from service method again between 2006 and 2009.

“Reinstatement cannot be a viable option keeping in mind the requirement related to exigencies of serving the nation,” it stated within the order.

The bench stated the ladies IAF officers, if discovered eligible by the IAF for grant of everlasting fee, might be entitled to grant of one-time pensionary profit from the date after they would have accomplished 20 years in service if it had continued.

The CJI appreciated the IAF for taking a “fair approach” and informed senior lawyer R Balasubramanian, showing for the Centre and the Air Force, to convey the appreciation to the IAF chief and the federal government.

While granting reduction to the previous ladies IAF SSC officers, the bench stated that they had joined the companies throughout 1993-1998 beneath the respectable expectation in pursuance of the coverage choice that they are going to be thought of for grant of everlasting fee after 5 years.

However, as an alternative of being thought of for the everlasting service fee, they had been granted extensions of six and 4 years successively and, earlier than being launched from service, lastly throughout 2006 to 2009.

“These women SSC officers had the legitimate expectation of being granted an opportunity to claim permanent commission in terms of prevailing policy,” it stated.

“We are of the view that these women SSC officers be considered for grant of pensionary benefits,” the bench stated whereas exercising its extraordinary energy beneath article 142 of the Constitution for doing full justice in any matter pending earlier than it.

The bench stated the IAF would study the suitability of those retired officers and contemplate granting pensionary advantages as soon as they’re discovered eligible for grant of everlasting fee as per the HR (Human Resources) coverage.

“The cases of the appellants will be evaluated on the basis of the HR Policy of November, 2010,” the court docket stated.

It, nonetheless, made clear that these officers shall not be entitled to arrears of wage.

“Arrears of pension will be given with effect from the date when the officers will be completing 20 years of deemed services,” it stated.

The bench, in the meantime, requested the IAF to think about the same plea of two widow officers “sympathetically.”

In a landmark verdict on February 17, 2020, the highest court docket had directed that girls officers within the Army be granted everlasting fee, rejecting the Centre’s stand on their “physiological limitations” as being primarily based on “sex stereotypes” and “gender discrimination against women”.

The apex court docket had directed that inside three months all serving SSC ladies officers must be thought of for everlasting fee no matter them having accomplished 14 years or, because the case could also be, 20 years of service.

NEW DELHI: The Supreme Court on Wednesday directed the Centre and the Indian Air Force to think about granting Permanent Commission (PC) to 32 retired ladies Short Service Commission (SSC) officers primarily based on their suitability with the aim of giving them pensionary advantages.

A bench comprising Chief Justice D Y Chandrachud and justices Hima Kohli and J B Pardiwala, nonetheless, refused to order their reinstatement on the bottom that they had been launched from service method again between 2006 and 2009.

“Reinstatement cannot be a viable option keeping in mind the requirement related to exigencies of serving the nation,” it stated within the order.

The bench stated the ladies IAF officers, if discovered eligible by the IAF for grant of everlasting fee, might be entitled to grant of one-time pensionary profit from the date after they would have accomplished 20 years in service if it had continued.

The CJI appreciated the IAF for taking a “fair approach” and informed senior lawyer R Balasubramanian, showing for the Centre and the Air Force, to convey the appreciation to the IAF chief and the federal government.

While granting reduction to the previous ladies IAF SSC officers, the bench stated that they had joined the companies throughout 1993-1998 beneath the respectable expectation in pursuance of the coverage choice that they are going to be thought of for grant of everlasting fee after 5 years.

However, as an alternative of being thought of for the everlasting service fee, they had been granted extensions of six and 4 years successively and, earlier than being launched from service, lastly throughout 2006 to 2009.

“These women SSC officers had the legitimate expectation of being granted an opportunity to claim permanent commission in terms of prevailing policy,” it stated.

“We are of the view that these women SSC officers be considered for grant of pensionary benefits,” the bench stated whereas exercising its extraordinary energy beneath article 142 of the Constitution for doing full justice in any matter pending earlier than it.

The bench stated the IAF would study the suitability of those retired officers and contemplate granting pensionary advantages as soon as they’re discovered eligible for grant of everlasting fee as per the HR (Human Resources) coverage.

“The cases of the appellants will be evaluated on the basis of the HR Policy of November, 2010,” the court docket stated.

It, nonetheless, made clear that these officers shall not be entitled to arrears of wage.

“Arrears of pension will be given with effect from the date when the officers will be completing 20 years of deemed services,” it stated.

The bench, in the meantime, requested the IAF to think about the same plea of two widow officers “sympathetically.”

In a landmark verdict on February 17, 2020, the highest court docket had directed that girls officers within the Army be granted everlasting fee, rejecting the Centre’s stand on their “physiological limitations” as being primarily based on “sex stereotypes” and “gender discrimination against women”.

The apex court docket had directed that inside three months all serving SSC ladies officers must be thought of for everlasting fee no matter them having accomplished 14 years or, because the case could also be, 20 years of service.