KRISHA KAMAL | PRESIDENCY UNIVERSITY BANGALORE | 20th March 2020
UNION OF INDIA & ORS. V. LT. CDR. ANNIE NAGARAJA & ORS.
Brief Facts:
The petition was instituted by 17 women officers who joined the Indian Navy as Short Service Commissioner Officers in the Logistics (6 Officers) and Air Traffic controller Cadres (2 Officers) and the Education (9 Officers) branch. These officers have completed 14 years of service as SSC, yet were not considered for the grant of permanent commissions and were discharged from the service. The same has been granted to the men SSC Officers who has fulfilled the similar requirement for the grant of PC.
The learned counsels of the respondents quoted the case The Secretory Minister of Defence V. Babita Puniya & Othesbefore the court. In this case the similar issue was raised in concern with the policies of The Air Force and The Indian Army and the bench directed to grant the Permanent Commission to the SSCs of the same branches. The Indian Air Force successfully implemented it whereas the Indian Army challenged the same before the Hon’ble Supreme Court, but no stay has been granted by the Supreme Court.
The counsels in their argument stated that women in other forces and navy should be treated at par as in each of the department a utmost dedicated and highly appreciated service of 14 years has been given by the women officers, so there shouldn’t be any ground of discrimination in the grant of PC to these SSC as they are entitled for the same based on their service and performance.
The Delhi High Court considering the plea of the SSC officers observed that there isn’t any reasonable ground of any kind of discrimination to be done in the grant of PC. A famous Urdu poem was quoted by the judge while delivering the judgment. It says,
“tere maathe pe ye aanchal toh bohot hi khoob hai lekin
Tu is aanchal se ik parcham bana leti toh accha tha”
The court said that women and men in the forces are equally trained and capable of any task assigned to them. Men and women have equal participation in every walk of life and so as in The Indian Forces.
The Delhi High Court directed the centre to grant PC within 6 weeks to the SSC officers of Navy who has opted for the same but got an extension of SSC instead of permanent commission. The Union Government challenged the same before the Supreme Court.
Judgment:
The Supreme Court rejected the appeal of the Centre and upheld the decision of the Delhi High Court. It was directed to the Centre to implement the relative principles within a period of 3 months. Application of servicing officers for permanent commission should be considered based on the availability of vacancies. The court very clearly declared that the women SSC Officers of Navy are entitled to the grant of permanent commission and the appeal was disposed.
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