New Delhi: The Supreme Court on Monday directed the Centre to grant a permanent commission to a woman Officer, who was discriminated against by similarly situated officers. The apex court exercised its powers under Article 142 of the Constitution, to give permanent commission to the woman officer.
A bench comprising justices BR Gavai and KV Vishwanathan said, “To illustrate, take the case of the valiant Indian soldiers bravely guarding the frontiers at Siachen or in other difficult terrain. Thoughts on conditions of service and job perquisites will be last in their mind."
“Will it be fair to tell them that they will not be given relief even if they are similarly situated since the judgment they seek to rely on was passed in the case of certain applicants alone who moved the court? We think that would be a very unfair scenario. Accepting the stand of the respondents in this case would result in this court putting its imprimatur on an unreasonable stand adopted by the authorities”, said Justice Viswanathan, who authored the judgment on behalf of the bench.
The bench said the authorities on their own should have extended the benefit of the 2013 judgment of AFT, Principal Bench, to the appellant Lt Col Suprita Chandel as she has a distinguished service as an officer. The bench noted that she has also continuously worked since 2007, besides having received a commendation card from the Chief of Army Staff on January 14, 2019.
The apex court said the “appellant’s case is founded on the principle of discrimination. What is sauce for the goose ought to be sauce for the gander”.
“If the applicants in O.A No. 111 of 2013 whom we find are identically situated to the appellant were found to be eligible to be given a third chance for promotion, because they acquired eligibility before the amendment……on 20.03.2013, we find no reason why the appellant should not be treated alike”, said the bench.
The apex court allowed her appeal against the denial of relief by the Armed Forces Tribunal, Lucknow. The bench said she is entitled to parity with those applicants who succeeded before the AFT, Principal Bench Delhi, in giving a third chance for promotion, because they acquired eligibility before the amendment in rules on March 20, 2013.
The apex court found that she was wrongly excluded from consideration when other similarly situated officers were considered and granted permanent commission. The apex court said it is a well-settled principle of law that where a citizen aggrieved by an action of the government department has approached the court and obtained a declaration of law in his/her favour, others similarly situated ought to be extended the benefit without the need for them to go to court.
The appellant, by the amendment in rules, was deprived of her third chance since the extension was capped at 35 years and was confined to those who received the PG qualification of Masters in Dental Surgery on and from March 20, 2013.
The apex court, exercising its extraordinary powers under Article 142 of the Constitution, directed that the appellant ought to be given Permanent Commission.
"We direct that the appellant’s case be taken up for grant of permanent commission and she be extended the benefit with effect from the same date the similarly situated persons who obtained benefits pursuant to the judgment dated 22.01.2014 of the Principal Bench of the AFT," said Justice Viswanathan.
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