NEW DELHI: In a landmark verdict, the Supreme Court on Tuesday ruled that women Short Service Commission (SSC) officers in the Army, Navy, and Air Force who were denied Permanent Commission (PC) due to arbitrary assessments are entitled to full pensionary benefits.
A bench comprising Chief Justice Surya Kant and Justices Ujjal Bhuyan and N. Kotiswar Singh invoked its extraordinary powers to ensure complete justice. The Court held that these officers would be “deemed” to have completed the minimum qualifying service of 20 years required for pension, even if they were released earlier.
The judgment came on a batch of petitions, including those filed by Wing Commander Sucheta Edan and others, challenging the denial of Permanent Commission based on policy changes introduced in 2019 and earlier rulings of the Armed Forces Tribunal (AFT).
The Chief Justice observed that Annual Confidential Reports (ACRs) of women officers were often graded “casually” under the presumption that they would not be eligible for career progression or Permanent Commission.
“The ACRs were written with the assumption that these officers would not undergo career progression. This adversely affected their overall merit,” the Court noted.
The bench addressed the issue of denial of Permanent Commission separately for SSC women officers in the Air Force, Navy, and Army.
With regard to the Air Force, the Court found that the “Service Length Criteria” and “Minimum Performance Criteria” introduced in 2019 were implemented hastily, depriving officers of a fair opportunity to meet them.
Exercising its powers under Article 142 of the Constitution, the Court directed that, as a one-time measure, all SSC officers considered for Permanent Commission by selection boards in 2019, 2020, and 2021—including those released in 2021—shall be deemed to have completed 20 years of qualifying service.
It further directed that pension be calculated on the basis of this deemed service, with effect from November 1, 2025.
However, the Court declined to order reinstatement, citing concerns of “operational effectiveness,” while emphasizing that this cannot be a ground to deny financial benefits.
Earlier, the Centre had defended its policy, stating that the Army’s processes were gender-neutral and that elimination is part of a broader policy aimed at maintaining a youthful profile in the armed forces.
(With inputs from PTI)