[Indian Army] Supreme Court directs grant of Permanent Commission to 39 Women Officers

The Supreme Court on Friday directed the grant of Permanent Commission to 39 women officers in the Indian Army on or before November 1, 2021.(Nilam Gorwade and Others v. Manoj Mukund Narwane and Others)

The Court passed the order after being informed that out of 64 women officers, 39 officers were found, upon reconsideration, to be eligible for the grant of Permanent Commission. These 39 officers are to be granted Permanent Commission as per the Supreme Court's latest order.

"... we are of the view that the ends of justice would be met if, to begin with, orders for the grant of PC are issued to all the thirty nine officers, in terms of the statement which has been made before this Court by the ASG, on or before 1 November 2021. Compliance shall be scrupulously ensured on or before 1 November 2021", the Court said.

The Division Bench of Justices DY Chandrachud and BV Nagarathna was hearing a batch of contempt petitions by 36 officers who had raised a grievance over the non-compliance of the Court's earlier judgment in Lt. Col. Nitisha and Others v. Union of India and Others.

Earlier, Additional Solicitor General Sanjay Jain and Senior Advocate R Balasubramaniam had apprised the Court that a comprehensive exercise has been carried out again to re-determine the entitlement of 71 Women Short Service Commissioned Officers.

The Court on Friday sought an explanation about the grounds on which Permanent Commission was denied to the remaining officers who have moved the Court with contempt petitions.

"If any of the officers forming part of the group of thirty six WSSCOs in the present batch of contempt petitions are not found eligible for the grant of PC, a statement shall be tendered before this Court in a tabulated form indicating the reasons why each of the officers who are not found eligible are being denied PC", the order stated.

Further, the Court has directed the authorites to submit an affidavit stating that no factors apart from those in the Supreme Court's March judgment allowing the grant of Permanent Commission to women army officers have been weighed in the grant or refusal of Permanent Commission.

"Once there is a final judgment and order of this Court dated 25 March 2021, the consideration for the grant of PC has to be confined to the specific directions issued by this Court and not on any grounds independent of the directions," the Court emphasised.

The matter is next listed on November 12

[Read Order]