SC slams army for forcing officer to litigate, grants permanent posting
The Supreme Court criticized the Indian Army for denying Lt Col Suprita Chandel permanent commission, emphasizing fairness and equitable treatment for all officers.
The Supreme Court on Monday took a firm stance against the Indian Army for compelling officers to seek judicial intervention for relief they are entitled to, emphasising that such practices undermine fairness and equity in service matters.
A bench of justices Bhushan R Gavai and KV Viswanathan made the observations while directing the Army to grant permanent commission to Lieutenant Colonel Suprita Chandel, who had been denied the opportunity to appear for a departmental examination due to a regulatory amendment in 2013. The court criticised the Army for failing to extend the benefits of an earlier judicial ruling to similarly situated officers, stating: “What is sauce for the goose ought to be sauce for the gander.”
The court held that Chandel was wrongly excluded from consideration when other officers in identical circumstances were granted permanent commission following a 2014 decision by the Armed Forces Tribunal (AFT). Referring to established precedents, the bench asserted: “It is a well-settled principle of law that when a declaration of law is made in favour of a litigant, others similarly situated must be extended the benefit without needing to approach the court.”
The bench also remarked on the unique challenges faced by service members, comparing the situation to soldiers stationed in extreme conditions while underlining that the authorities ought to have granted the benefit of the AFT judgment to Chandel on their own.
“Take the case of the valiant Indian soldiers bravely guarding the frontiers at Siachen or in other difficult terrain. Thoughts on conditions of service and job perquisites will be the last thing in their mind. Will it be fair to tell them that they will not be given relief even if they are similarly situated, since the judgment they seek to rely on, was passed in the case of certain applicants alone who moved the court? We think that would be a very unfair scenario,” maintained the judgment.
Lt Col Chandel, commissioned in the Army Dental Corps in 2008, was entitled to three chances to appear for a departmental examination for permanent commission. Following amendments in 2013, she was deemed ineligible for her third chance, as the new rules imposed an age cap of 35 years and required a postgraduate qualification. Despite similar officers being granted relief through the 2014 AFT decision, Chandel was excluded as she had not been part of the original litigation due to being on maternity leave at the time. Her subsequent representations to the Army were dismissed, prompting her to approach the AFT, which also rejected her plea in 2022. This led her to appeal before the Supreme Court. Senior counsel Vibha Datta Makhija appeared for Chandel.
Highlighting the discrimination against Chandel, the court noted that she had a distinguished service record, including a commendation from the Chief of Army Staff in 2019, and had been continuously retained in service. The bench noted that the Army should have proactively extended the benefits of the earlier AFT judgment to her, stating: “Accepting the respondents’ stand would mean endorsing an unreasonable approach.”
In its order, the court directed that Chandel be granted permanent commission retroactively, effective from the same date as the officers who benefitted from the 2014 AFT ruling. “We hold that the appellant was wrongly excluded from consideration when other similarly situated officers were considered and granted permanent commission. Today, eleven years have elapsed. It will not be fair to subject her to the rigours of the 2013 parameters as she is now nearly 45 years of age. There has been no fault on the part of the appellant,” held the bench.
Exercising its power under Article 142 of the Constitution to do complete justice in this case, the bench also instructed the Army to grant her all consequential benefits, including arrears, seniority and promotion, within four weeks.