New Delhi, Feb 27 (Representative) The Supreme Court on Monday directed the Indian Navy to set up a fresh selection board to consider the eligibility of granting permanent service commission to a retired woman naval officer who was wrongfully denied her due during the service. A special bench comprising Chief Justice D Y Chandrachud, and Justice Hima Kohli heard the plea of Commodore Seema Chaudhary, a resident of Ambala in Haryana that she was wrongfully denied the permanent commission (PC) in the Indian Navy. The Supreme Court exercised its extraordinary power under Article 142 of the Constitution which empowers it to pass “any decree or order necessary for doing complete justice in any case or matter pending before it” throughout the territory of the country. Seema Chaudhary has been working with the Judge Advocate General (JAG) Department, the legal arm of the Indian Navy, as the short service commission (SSC) officer since 2007 and was relieved from the service on August 5, 2022. The top court, on March 17, 2020, had delivered a significant verdict paving the way for granting permanent commission to women officers in the Indian Navy. The Supreme Court in 2020 ruled that women should be considered for command roles and that all women officers are entitled to permanent commission.
It had said there should be a level playing field that ensures women have the opportunity to overcome “histories of discrimination”. “The battle for gender equality is about confronting the battles of the mind and history is replete with examples where women have been denied their just entitlements under law and the right to fair and equal treatment in the workplace, “ the apex court had said. Under the new scheme, the Short Service Commission (SSC) officers were to be inducted under the 10+4 scheme, in which the officer serves for 10 years and can exercise the option of extending his/her service by four years. The PC is granted to SSC officers subject to service requirements and availability of vacancies. In the case of Seema Chaudhary, the Supreme Court observed that “an element of prejudice” was caused to the officer when she was first considered but later denied the Permanent Commission. The Bench asked the Navy to convene a selection board that would consider her case for grant of permanent commission afresh without being influenced by any observations made in any judicial or quasi-judicial proceedings on or before April 15, 2024. The bench said any Annual Confidential Reports (ACR) of the officer, which had not been supplied to her, would not be considered while examining her plea for grant of permanent commission. The bench said In case the officer is aggrieved by the order given by the new selection team relating to her plea for a grant of permanent commission she can approach the court again.