Form of words:
New Delhi: The Supreme Court on Friday restrained the Army from granting discharge to 72 women Short Service Commissioned Officers (WSSCOs) who were not considered for Permanent Commission (PC) till the next hearing of the matter and sought a reply within a week that they Why was it not considered in this case? Service.
A bench of Justices DY Chandrachud and BV Nagarathna asked the Army to file its reply by next week on the petitions filed by women officers who alleged that the apex court’s March 25 judgment was not considered and among them All 72 were rejected from consideration. One at a time for PC.
Do not release these women officers from services till the next hearing in the matter, the bench said while listing a batch of petitions for further hearing on October 8.
In its March 25 judgment, the Army was directed by the apex court to consider granting PC to WSSCO subject to obtaining 60 per cent marks in the subjects assessed as found fit on medical criteria as per the order dated August 1, 2020. Was. Army and after obtaining disciplinary and vigilance clearance.
At the outset, senior advocate V Mohana, appearing for some of the WSSCO, said that they have passed an order dismissing the officers in one go on Wednesday without assigning any reason.
This court had in March directed the Army to consider granting permanent commission to all the 72 officers, but they have rejected them all. He said that this act is against the decision of the apex court and the order should be quashed.
The bench asked Additional Solicitor General (ASG) Sanjay Jain, appearing for the Centre, what was happening in the matter.
Jain said that as per his understanding there cannot be one reason for dismissing all the officers at once but there should be 72 reasons for dismissing them and he along with senior advocate R Balasubramaniam has sought information from the concerned department and all concerned. . Document to check factual metrics.
He sought two weeks’ time to come back to the court with all the relevant details.
Mohana said that he has secured more than 60 per cent marks in his subjects, he was found medically fit and no disciplinary and vigilance inquiry was pending against him as per the three criteria listed by the top court in its judgment.
There is no justification that all these women officers were not considered at once. He said this is a clear violation of the apex court’s decision.
Senior advocate Meenakshi Arora, appearing for the women officers, also submitted that these women have fulfilled all the three criteria laid down by this court and will now be discharged from services.
Balasubramaniam said that as per his information only 25 out of this batch of 72 officers will be released in November and not before and hence the court may give some time to file its reply in the matter.
Senior advocate Huzefa Ahmadi, appearing for one of the WSSCO, also submitted that the army order is in the teeth of the apex court’s decision and amounts to violation of the conditions laid down by this court.
The bench said that it will hear the matter further on October 8.
On March 25, the apex court had said that the evaluation criteria set by the Army for granting permanent commission to women SSC officers constitute systemic discrimination which has caused economic and psychological harm and insult to their dignity.
The top court observed that the administrative requirement imposed by the Army for PCs while considering the case of WSSCO, benchmarking them with the lowest officers in merit in the male batch concerned, is arbitrary and irrational.
It had said that this administrative requirement would not be invoked while implementing the apex court’s last year’s decision, which had directed that women officers in the Army be given PCs.
It had directed that all women officers, who have completed a cut-off grade of 60 per cent in the Special No. 5 Selection Board held in September last year, would be entitled for grant of PC, subject to fulfilling the medical criteria laid down by the General Manager. To obtain instructions and disciplinary and vigilance clearance dated 1st August, 2020.
It had said that the medical standards prescribed in the General Instructions would be applicable at the time of the fifth year of service or at the time of tenth year of service, as the case may be.
If the officer fails to fulfill the medical criteria for grant of PC at any of these times, WSSCO shall not be entitled for grant of PC, it had said.
The top court had clarified that a WSSCO, who was in the Temporary Low Medical Category (TLMC) in the fifth or tenth year of service and subsequently fulfilled the SHAPE-1 criteria after a period of one year of immobilization, would also grant will be eligible for. of PC.
On February 17 last year, in a landmark judgment, the apex court had directed that women officers in the Army be given a permanent commission, based on “sex stereotypes” and “gender discrimination against women”, based on their physical limitations. reject the Centre’s stand. “
The top court had directed that within three months, all serving SSC women officers should be considered for PC, irrespective of their service of 14 years or 20 years.
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