SC waits for MoD on permanent commission
Though the ministry of defence has assured the Supreme Court that it would “resolve” the controversy related to permanent commission for women Army officers, the top court would not be very convinced until concrete action was visible on the ground.
This emerged during the brief hearing on the contentious issue before the apex court on Friday with a bench of Justices R.M. Lodha and H.L. Gokhale refusing to consider closing of the case and rather telling the counsel for the ministry that it would wait for the decision to be taken by the government as promised.
MoD counsel submitted that there might not be any need for the apex court to pass an order on the issue as the ministry has in principle decided to resolve it without causing any harm to the women officers whose fixed tenure under “Short Service Commission” scheme comes to an end.
“If it is so, then why do you keep issuing release orders? We will stay these orders to prevent any complications,” the bench warned. In fact the case was brought before the SC by the MoD itself in appeal against the Delhi high court order of March 12, 2010 that the women Army officers recruited under SSC scheme, would not be asked to retire on the completion of fixed-tenure and instead be given permanent commission in suitable Army wings.
Since some women officers had been asked to go on leave after their tenure ends on May 10, they had filed interlocutory applications to make them as parties in the MoD’s appeal so that they could put across their cases before the top court.
While taking up their applications, the bench took serious view of the MoD on the one hand consistently taking a stand that the issue would be resolved and on the other continue to issue orders for releasing of the women officers after they had completed the tenure under SSC recruitment scheme.
The HC had described the government decision not to give permanent commission to those women officers who wanted to continue with their services.
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