SC directs grant of permanent commission in Army to woman officer

The Supreme Court on Wednesday directed that a woman officer be granted permanent commission in the Army after noting that there were no discipline or vigilance issues outstanding against her.

A bench of Justices D Y Chandrachud and A S Bopanna allowed the application filed by Lt Col Sony Sharma.

Senior advocate R Balasubramanian, appearing on behalf of the Union of India and the Army authorities, stated that though initially, Sharma was placed in a temporary low medical category, she has since then been consistently rated in Shape-I after October 2001.

Senior advocate V Mohana, appearing on behalf of Sharma, stated that the temporary aberration in her Shape-I status was occasioned due to medical issues.

''In the considered view of this Court, and having regard to the previous orders which have been passed in the case of other officers, it would be fair if Permanent Commission is granted to Lt Col Sony Sharma who has consistently maintained a Shape-I status since October 2001 until date as intimated to the Court.

''Moreover, it is admitted that there are no discipline or vigilance issues outstanding against the officer. Lt Col Sony Sharma should, therefore, be granted Permanent Commission and necessary orders be communicated within a period of one week. All consequential orders shall issue on that basis and it is clarified, there shall be no break in her service and she will be entitled to continuity in all respects and the benefit of the service which has already been rendered,'' the bench said.

With regard to Lt Col Pant, the apex court said her case for the grant of permanent commission (PC) may be considered and necessary orders may be issued within a period of two weeks from today.

Dealing with the plea of Lt Col Akanksha Srivastava, the bench noted that her case is under consideration and that an order has been passed on December 10, 2021.

Balasubramanian submitted that the issue has not been closed so far as the officer is concerned.

The further consideration of the application of Lt Col Akanksha Srivastava is deferred until the first week of February 2022, the bench said.

The Centre and the Army authorities had earlier told the top court that after its last year's verdict, 487 Women Short Service Commission Officers (WSSCOs) have been granted PC out of the 615 who were considered for it.

On November 12, the top court had threatened the Army with contempt action against it and its Chief Manoj Mukund Naravane over non-compliance with its earlier orders after which the defence force had agreed to grant permanent commission to all of its eligible women officers.

With the direction of the top court, 68 out of the total 71 Women Short Service Commission Officers (WSSCOs) who were earlier denied PC were granted it. Initially, 72 officers were denied the PC but later one officer had opted to quit. Three officers have been found medically unfit.

The women officers had alleged that the top court's March 25 ruling was not considered by the Army and all 72 of them were rejected from consideration for the PC at one go.

In its March 25 verdict, the Army was directed by the top court to consider granting PC to the WSSCOs subject to their obtaining 60 per cent marks in the assessment subjects, being found fit on medical criteria as per the August 1, 2020 order of the Army and having received disciplinary and vigilance clearances.

On February 17 last year, in a landmark verdict, the top court had directed that women officers in the Army be granted a permanent commission, rejecting the Centre's stand of their physiological limitations as being based on ''sex stereotypes'' and ''gender discrimination against women''.