SC pulls up Centre on ignoring service profile of women PC officers in army

The Court referred to the paragraphs in its 2021 order and said, “You (Centre) did not consider them for permanent commission in 2011. Knowing this, we said in our judgment to look at their overall service profile. How can you ignore all that they have achieved after 2011.”

The Supreme Court on Wednesday warned of contempt action against the Centre for ignoring the overall service profile while considering the promotion prospects of women short service commission officers granted a permanent commission by the Court’s order.

Supreme Court of India (Representative Photo)

Dealing with contempt petitions filed by several women officers who objected to the Army Special Selection Board freezing considering their annual confidential reports (ACR) till 2011, a bench of Chief Justice of India (CJI) Dhananjaya Y Chandrachud and justice JB Pardiwala told the Centre that it was in clear breach of their 2021 judgment in Nitisha v Union of India where the achievements of women officers till date had to be accounted for.

“It appears there is an attempt to get around our order. Tell the highest authority to rectify this or else we will come down heavily,” the bench told additional solicitor general (ASG) KM Nataraj appearing for the Union ministry of defence.

The Court referred to the paragraphs in its 2021 order and said, “You (Centre) did not consider them for permanent commission in 2011. Knowing this, we said in our judgment to look at their overall service profile. How can you ignore all that they have achieved after 2011.” The Court further referred to circulars issued by the ministry from time to time which stressed this requirement.

“This is the last opportunity we are giving to set your house in order or else we will haul you up for contempt,” the bench remarked, suggesting ASG Nataraj take instructions on whether the Centre was open to convene a fresh selection board to consider the promotion of the affected women officers in terms of the Court’s judgment. The Court posted the matter after two weeks to consider the Centre’s response.

Senior advocate V Mohana and advocate Archana Pathak Dave, who represented the women officers fumed over the attitude of the army and the Centre to deny permanent commission benefits to women officers and said that the rule to freeze the ACRs till 2011 was done to benefit the corresponding male officers.

“It is unfortunate that these women officers are being forced to approach this Court on one pretext or the other time and again,” Mohana said. She further stated, “The 2021 judgment had noted how the ACRs of women officers were not written properly. She referred to October 7, 2002, circular issued by the Centre which required all ACRs after completion of nine years of reckonable service be considered at the time of promotion.

Dave, who represented some of the lady officers informed the Court of the humiliating experience of women officers, who were being asked to lead contingents led by Lieutenant Colonel when the women officers are of the Colonel rank (a rank above Lt Col). She further informed the Court that time is of the essence as some of the officers are due to retire in a month and their prospects for promotion as Brigadier will be left unfulfilled.

The SC’s March 2021 judgment had laid common benchmarks for the grant of permanent commission (PC) to women short service commission officers vis-à-vis their male counterparts. The Court said that any lady officer who qualified with 60% marks on merit and is medically fit has to be granted PC, subject to disciplinary and vigilance clearance.

By an earlier judgment of February 2020, the women officers secured their right to PC and command positions in non-combat streams at par with male officers. Soon after that, the women officers approached the court in September 2020 complaining against the whimsical standards on merit, and medical fitness applied by the selection board to deny them their due. This resulted in the 2021 judgment.