Woman Army officer allowed permanent commission

The Supreme Court on Monday granted permanent commission to Lt Col Suprita Chandel, a woman Army officer, after holding that she was wrongly excluded from the benefits extended to other similarly placed officers.

“We direct that the appellant’s case be taken up for grant of permanent commission and she be extended the benefit of permanent commission with effect from the same date as similarly situated persons who obtained benefits pursuant to the judgment dated January 22, 2014... of the Principal Bench of the AFT,” said a Bench of Justices BR Gavai and KV Viswanathan.

The court ordered that its directions be implemented within four weeks. It also directed the authorities to extend all consequential benefits, including seniority, promotion and monetary arrears.

Recognising her distinguished service, the Bench invoked its plenary powers under Article 142 to grant her permanent commission. The judges remarked that concerns about conditions of service or job perquisites were likely the last things on the minds of soldiers bravely serving in challenging terrains such as Siachen. “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,” the Bench observed.

The court also set aside an earlier Armed Forces Tribunal order, which had denied her relief despite granting similar benefits to other applicants. The AFT had declined her request, citing her non-participation in the original case. She had explained that she was unable to join the litigation as she was in an advanced stage of pregnancy.