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SC to govt: Grant pension benefits to 32 retired women IAF officers
To be sure, this one-time exception is only for making the women officers eligible for pension, and does not entail reinstatement into service as permanent commission officers.
The Supreme Court on Wednesday made a rare exception for retired women short service commission officers of the Indian Air Force (IAF), deeming them to be granted permanent commission in view of their long service and keeping in mind their “excellent track record”.
To be sure, this one-time exception is only for making the women officers eligible for pension, and does not entail reinstatement into service as permanent commission officers. Officers of the armed forces are eligible for pension after 20 years of service.
A bench comprising Chief Justice of India Dhananjaya Y Chandrachud and justices Hima Kohli and JB Pardiwala refused to order their reinstatement on the ground that they were released from service a long time back between 2006 and 2009.
The order was considering the case of 32 officers who retired before the Delhi high court delivered its landmark verdict on March 12, 2010, opening permanent commission for women short service commission officers (WSSCO) across several branches within the army, navy and air force. The army later challenged this judgment before the top court but the appeal failed.
An IAF spokesperson said a written copy of the judgment was awaited, and the air force will comment on the matter only after studying the order.
The 32 women officers who retired as Wing Commander and Squadron Leader in IAF were stopped from seeking permanent commission as the HC judgment extended it to only those women officers who were in service or who had approached the court before the verdict came.
These officers did not fall in either of these categories. They approached the Delhi high court soon after the HC verdict in Babita Puniya v Union of India. But the high court shot down their demand on August 11, 2011 following which they approached the top court.
“The court is apprised by IAF that officers have an excellent track record. They have put in long years of service for IAF. It is in that backdrop we are of the view that this batch of officers who moved the high court soon after Babita Puniya judgment and within reasonable time of their release should not be deprived of the benefit emanating from the HC decision.”
The court noted that these officers had a legitimate expectation of getting permanent commission as at the time of their joining on diverse dates (between 1993 and 1998), they were taken in as SSCOs with the promise that after five years of service, they will be considered for permanent commission subject to suitability.
