New Delhi, Sep 2 (IANS) The Supreme Court Friday directed the Indian Army to reinstate 11 women officers who had retired before a Delhi High Court order to the armed forces to grant permanent commission to women officers serving on short service commission (SSC).
The 11 officers were among those women officers who had moved the high court seeking permanent commission but retired before its verdict was pronounced on March 12, 2010.
The apex court bench of Justice J.M. Panchal and Justice H.L. Gokhale directed the army to complete necessary formalities for the reinduction of 11 women officers by Sep 12. The court said that all the 11 women officers would report at the station where they were serving at the time of their retirement.
The court also made it clear that reinstatement of these 11 women officers was subject to the outcome of army?s petition challenging the Delhi High Court verdict.
Justice Panchal told counsel appearing for the army that ‘they (the apex court) had stayed the contempt proceedings against them so that high ranking army officers were not put to difficulty but the high court verdict directing the grant of permanent commission to women officers currently serving as SSC officer was not put on hold’.
The high court by its March 12, 2010 order directed the government to grant permanent commissions to women officers in air force and army, serving on a SSC basis, at par with male SSC officers with all consequential benefits including promotion.
As the counsel for the army said that these officers were released from army a couple of years back and how could they be brought back, the court said that their service in the army was protected by the high court order.
At this, Justice Gokhale said: ‘Earlier period that they have lost, we are asking you to give salaries of that period now.’
When the army counsel pressed his point, Justice Panchal asked him why the contempt proceedings (against the army) may not be allowed to go on.
The court also declined the army?s request to give a clarification that other women officers who were not before the high court could not take advantage of the order and seek reinstatement.
Justice Panchal said: ‘We are only concerned with the matter before us.?
Directing the army to reinstate the 11 officers in terms of the high court order, the court said that there ‘is no dispute that in terms of the high court order, the applicant (11 officers) will be entitled to the benefit (of reinstatement)’.
