Govt moves SC against HC order
The government has petitioned the Supreme Court against a judgment of the Delhi high court that had ordered grant of permanent commission to women short service commission (SSC) officers in the Army. However, the government has accepted that part of the Delhi high court judgment which had ordered grant of permanent commission to women SSC officers in the Indian Air Force.
The Army stated on Tuesday that, “The Delhi high court has sent a notice on the plea of women officers, to the Army Headquarters to explain its position on the directions given by the Delhi high court in this regard” and that “in this matter, meanwhile, the ministry of defence has filed a Special Leave Petition in the Supreme Court.”
The announcement by the Army came a day after the Delhi high court issued the notice.
As reported first by this newspaper last month, the government has taken a view that since the Indian Air Force lady SSC officers were promised permanent commission by the IAF earlier, the government should not challenge the verdict in respect of the IAF lady officers. However, the government decided that since no such promise was made by the Army to its lady SSC officers, the MoD should go ahead and challenge the Delhi high court verdict — in respect of the lady Army officers — in the Supreme Court. In a landmark judgement four months ago, the Delhi high court had ordered grant of Permanent Commission to 50 Short Service Commissioned (SSC) women officers — belonging to both the Army and Indian Air Force — who had accused the government of gender discrimination. In its judgment, the high court had ruled, “The SSC women officers of the Air Force who had opted for permanent commission and were not granted the same but granted extension of Short Service Commission, and of the Army are entitled to permanent commission at par with male Short Service Commissioned officers with all consequential benefits.”
The IAF women officers among the petitioners had contended that the IAF had promised in its advertisement for recruitment that SSC officers would be offered permanent commission after completion of five years in service and subject to availability of vacancy and suitability of the candidates.
The women SSC officers of the Army had also sought absorption in the permanent commission. They had argued that they were discriminated against vis-à-vis male officers as the latter were granted permanent commission while they were denied the same despite working in the same department and having equal merit and experience.
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