In a major verdict, the Supreme Court ruled on Tuesday that women Short Service Commission (SSC) officers in the Army, Navy, and Air Force, who were released after 14 years of service, are entitled to full pension benefits.
The court held that these officers would be "deemed" to have completed the minimum qualifying service of 20 years required for a pension, even if they were released earlier than that. Under current service rules, officers must complete 20 years of service to qualify for a pension. However, invoking its extraordinary powers, the court extended this benefit as a one-time relief.
The pension will be calculated based on the deemed completion of 20 years of service, and the decision will take effect from November 1, 2025.
Additionally, the court ruled that women officers still in service would be eligible for a permanent commission, provided they meet certain criteria, including grades obtained, medical standards, and clearance from vigilance and disciplinary authorities.
The verdict was delivered by a bench of Chief Justice Surya Kant, Justice Ujjal Bhuyan, and Justice N Kotiswar Singh, after hearing a batch of petitions challenging the denial of Permanent Commission (PC) based on 2019 policy changes and previous rulings by the Armed Forces Tribunal (AFT).
The court observed that the Annual Confidential Reports (ACRs) for women officers had often been written with the assumption that they would not undergo career progression, affecting their evaluations.
"The inequality of opportunities has affected their inter se merit. They were categorised as unfit for long term career progression...We find that denial of Permanent Commission was a consequence of systemic discrimination and not finding them fit for career progression. Thus, we invoke Article 142 to render complete justice," the court said.
Officers appointed under the SCC serve for a fixed tenure, typically extendable up to 14 years. In the absence of a PC, these officers must leave service upon completing their temporary tenure."
