After SC warning, Army agrees to grant Permanent Commission to eligible women officers

Satya Prakash

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Tribune News Service

New Delhi, November 12

The Army on Friday agreed to grant Permanent Commission (PC) to all eligible Women Short Service Commission Officers (WSSCO) after the Supreme court threatened to initiate contempt action against Chief of the Army Staff (COAS) Manoj Mukund Naravane for failure to comply with its orders.

“We are holding the Army guilty of contempt of court. We are putting you on guard. Since you have not complied with our orders, you will have to face the consequences. The Army may be supreme in its own authority but this constitutional court is also supreme in its own jurisdiction, a Bench led by Justice DY Chandrachud said.

As the Bench was dictating the order, Additional Solicitor General Sanjay Jain informed it that he had got instruction that the Army was willing to grant the PC to 11 officers who filed contempt petitions, even as petitioners’ counsel demanded that all eligible officers should be granted PC.

Later, Jain clarified that the Army was willing to grant PC to all WSSCOs fulfilling the criteria set out by the top court’s March 25 order, irrespective of whether they moved the court or not. The Army authorities wanted the matter to be put to rest today itself and they did not want any more litigation on the issue, Jain added.

The Bench directed the Army to issue orders in 10 days for grant of Permanent Commission to 11 officers who had moved the court and in three weeks for those who didn’t approach the court.

The Bench—which chose not to go ahead with the contempt proceedings against the COAS—appreciated Jain for resolving the issue. It said all individual cases will be dealt with in accordance with law.

Earlier, the top court had on October 22 ordered the Centre and the Army to grant PC to 39 WSSCOs in the Army within a week and directed them to submit details of 25 other such officers, explaining the reasons why they were not considered.

With Friday’s direction, 68 out of the total 71 WSSCOs denied PC will be granted the same. One woman officer had opted out, while three were found medically unfit.

In a landmark verdict, the top court had on February 17, 2020, directed that WSSCOs be granted PC. It had rejected the Centre’s stand of their physiological limitations as being based on “sex stereotypes” and “gender discrimination against women”.

On March 25 this year, it had directed the Army to consider granting PC to WSSCOs subject to their obtaining 60 per cent marks in the assessment subjects, being found fit on medical criteria as per the August 1, 2020, order of the Army and having received disciplinary and vigilance clearances. It had directed that all serving SSC women officers be considered for PCs in three months, irrespective of them having crossed 14 years or, as the case may be, 20 years of service.