Mon Dec 09 16:35:34 UTC 2024: ## Supreme Court Orders Permanent Commission for Army Officer Denied Equal Benefits
**New Delhi:** The Supreme Court of India has ordered the Union government to grant a permanent commission to a woman Lieutenant Colonel in the Army Dental Corps, citing unfair discrimination. The court ruled that the officer, who has served with distinction since 2007, was wrongly excluded from benefits granted to similarly situated officers.
The court’s decision, delivered on Monday, overturned a 2022 Armed Forces Tribunal (AFT) ruling that denied the officer’s request. The justices invoked Article 142 of the Constitution, utilizing their plenary powers to ensure justice. They emphasized the principle of “what is sauce for the goose ought to be sauce for the gander,” highlighting the need for consistent application of rules and regulations.
The officer was initially denied permanent commission due to amendments made in 2013 to the regulations governing permanent commissions. While these amendments were upheld, a previous 2014 AFT ruling granted relief to other officers similarly affected. The court found it unreasonable that the officer was not included in those benefits, noting her absence was due to circumstances beyond her control (pregnancy at the time of the earlier litigation).
The Supreme Court directed the immediate implementation of its order, mandating that the officer be granted a permanent commission with retroactive effect to the same date as those who benefited from the 2014 AFT ruling. All consequential benefits, including seniority, promotions, and arrears, are also to be provided within four weeks. The court noted the officer’s commendable service, including a commendation card from the Chief of Army Staff in 2019, further reinforcing the injustice of the initial denial. The judgment sets a significant precedent, emphasizing the need for equitable treatment and consistent application of rules within the armed forces.
First Piper 