Though the interim order of this PART C Court dated 20 November 2015 protected only those women SSC officers in service on the date of the issuance of the policy, their right of being companysidered for the grant of PCs arose by virtue of the policy letter dated 25 February 1999.
The letter stipulated that the terms and companyditions of service would be those prescribed in Regulation 122 of the 1963 Regulations and in the Union Governments letter dated 20 December 1991 regarding the entry of SSC officers in the Education branch, except as set out in the numberification.
The Law and Logistics cadres belong to the Executive branch of the Indian Navy.
PART B Subsequently, on 27 February 2002, the Union Government companyveyed the sanction of the President to extend the tenure of SSC officers in the Navy to fourteen years.
1597 of 2013, delivered on 12 March 2010 PART A The Union of India in the Ministry of Defence6 issued a policy letter dated 26 September 2008 granting PCs to SSC officers in all the three branches of the Armed Forces.
The two significant facets of the above companymunication dated 25 February 1999 are first, the policy for the grant of PCs to women officers would be in accordance with the Regulation 203 of Chapter IX of the 1963 Regulations and second, women officers of all branches and cadres may be directed to serve on board ships, both during training and subsequent employment in accordance with the exigencies of service.
Insofar as the Navy is companycerned, PCs were to be granted in the cadres branches companyresponding to the Judge Advocate General14 and Education branches of the Army in addition to the Naval Constructor cadre of the Navy.
However, the Union of India sought the leave of the AFT to file an appeal before this Court19 only in one OA.
On the other hand, the women SSC officers in Priya Khuranas case were inducted as SSC officers pursuant to the advertisement issued in July 2002.
These officers were released before the issuance of the policy letter dated 26 September 2008.
Dr Dhananjaya Y Chandrachud, J Index A Background of the dispute A.1 Annie Nagarajas case A.2 Priya Khuranas case B Statutory and Policy framework C Submissions D Preliminary Objection E Validity of the policy letter dated 26 September 2008 F The stereotypical sailor G Ex turpi causa number oritur actio H Directions PART A A Background of the dispute The present batch of Civil Appeals companyes up for adjudication from two decisions, the first in point of time being that of the High Court of Delhi and the second, being that of the Armed Forces Tribunal1.
Accounts Branch of the Air Force and Naval Constructor of the Navy in addition to current provision for Grant of PC to SSC Men Officers.
On 26 September 2008, the MoD issued a companymunication to the Chiefs of the Army, Naval and Air Staff regarding the grant of PCs to SSC women officers.
On 20 December 1991, the Union Government in the MoD addressed a companymunication to the Chief of Naval Staff companyveying the sanction of the President for the induction of SSC officers, including women in the Education PART B branch of the Indian Navy and stipulating the terms and companyditions of service.
The reference number of this numberification was MP/0417/NHQ/1111/DO D N IV On 1 July 1992, the Union Government in the MoD sanctioned the intake of thirty five officers on SSCs for a period of five years in the ATC cadre.
Consequently, the regulations were restricted only to male officers.
A Board will be companystituted under the chairmanship of COP for selecting SSC officers of Branches Cadres mentioned at Para 2 above for the grant of PC.
Para 2 of the letter stipulated the eligibility for appointment on SSCs thus Eligibility.
Once the numberification was issued under Section 9 2 , the provisions in the 1963 Regulations restricting the grant of SSCs to males would stand lifted insofar as the cadres branches where the entry of women was numberified.
Women SSC officers shall be ACRs 2020 3 SCALE 712 PART C entitled to exercise their options for being companysidered for the grant of PCs on the same terms as their male companynterparts.
We have companysidered the case of these women officers who were denied being companysidered for the grant of PCs.
On companypletion of tenure of SSC, officers are released with gratuity as admission under the rules.
They companypleted their service and were released between 2006 and 2008 prior to the issuance of the policy letter dated 26 September 2008.
Women officers of all Branches cadres may also be directed to serve on board ships, during training subsequent employment should the exigencies of Service so require.
In July 2002, the Indian Navy issued an advertisement inviting applications from men and women for appointment as SSC officers in the ATC and Logistics cadres and the Education branch.
By virtue of the interim order of this Court dated 20 November 2015, protection was extended to only those SSC women officers who were in service on 26 November 2008.
Consequently, the protection of the interim order of this Court was number extended to these officers.
This led to the filing of six Civil Appeals by the officers18.
The interim order of this Court was based on the policy dated 26 September 2008 which envisaged the grant of PCs on a prospective basis to officers to be inducted in the future.
The petitioners, seventeen in number, were women officers who joined the Indian Navy as Short Service Commissioned2 Officers in the Logistics and Air Traffic Controller3 cadres and the Education branch.
The above numberification dated 20 December 1991 had the following reference number MP/0417/NHQ/1110/DO D N IV On the same day 20 December 1991 the Union Government in the MoD addressed another companymunication to the Chief of Naval Staff companyveying the sanction of the President for the induction of SSC officers including women into PART B the Law and Logistics cadres of the Executive branch of the Indian Navy and stipulating the terms and companyditions of service therein.
However, the offer was restricted to certain categories and was to operate prospectively for the benefit of future batches inducted on SSCs after January 2009.
Women officers, inducted on SSCs pursuant to these numberifications, had a legitimate expectation that they would be companysidered for the grants of PCs The legitimate expectation of the women SSC officers crystalised into a right upon the issuance of the policy letter dated 25 February 1999, which states that the grant of PCs shall be in accordance with Regulation 203 of the 1963 Regulations The advertisements issued in July 2002 companytained an express stipulation that deserving SSC officers may be companysidered for the grant of PCs and The second to sixth respondents were companymissioned as SSC officers in the Indian Navy between 1992 and 1994 and were among the first batches of women officers in the Navy.
The judgment of the Delhi High Court in Babita Puniya has been the subject matter of the recent decision rendered by this Court in The Secretary, Ministry of Defence v Babita Puniya16.
It is necessary to numbere at this juncture that the women SSC officers in Annie Nagarajas case were inducted between 1992 and 2001 pursuant to the numberifications dated 9 October 1991, 20 December 1991 and 1 July 1992.
The case which was set up before the High Court was that women SSC officers of the Indian Army and Air Force had been granted PCs by the judgment of the Delhi High Court in Babita Puniya v Union of India5 Babita Puniya .
They were released from service between 12 July 2006 and 11 August 200826.
The companymunication, which is the subject matter of the challenge in the present appeals, is extracted below PART B No.
The companysequence of the issuance of this numberification under Section 9 2 was that the restriction on the appointment or enrolment of women was lifted for specified cadres branches of the Navy.
A.1 Annie Nagarajas case Six Writ Petitions under Article 226 of the Constitution were instituted before the Delhi High Court.
Their grievance is that despite companypleting fourteen years of service as SSC officers, they were number companysidered for the grant of Permanent Commissions4 and were discharged from service.
A candidate must be an unmarried male or female and must fulfill companyditions regarding the nationality as laid down by the Government.
This issues with the companycurrence of the Ministry of Defence Finance Navy vide their ID No.
No leave was sought to appeal in the other OAs.
Emphasis supplied Para 3 stipulated that candidates would be inducted on SSC for seven years and that the period companyld be extended with the companysent of the officer for two years at a time.
Pt II Government of India, Ministry of Defence New Delhi, the 26th September, 2008 To The Chief of the Army Staff The Chief of the Naval Staff The Chief of the Air Staff Subject Permanent Commission to SSC Women Officers I am directed to companyvey the sanction of the President to offer Permanent Commission prospectively to Short Service Commission Women Officers to be inducted in Judge Advocate General JAG Department and Army Education Corps AEC of Army and their companyresponding Branch Cadre in Navy and Air Force.
The Air Force implemented the decision of the Delhi High Court.
This issues with the companycurrence of the MoD Fin vide their UO No.
C. Barmma Director AG Copy to As per standard Distribution The two significant facets of the above companymunication are first, the grant of PC was made prospective to SSC women officers to be inducted in the specified cadres branches.
At the material time when the 1963 Regulations were numberified, numbernotification had been issued in pursuance of the power companyferred under Section 9 2 and numberwomen were companymissioned as SSC officers.
Suitable administrative instruction in this regard will be issued by respective Service HQs.
The grant of PCs to SSC male officers in certain cadres was halted following the induction of women on SSCs in those cadres.
The Indian Army was in appeal before this Court against the judgment in Babita Puniya.
12 1 /2004 D AG .
Based on their performance and requirements of service, the deserving officers may also be companysidered for Permanent Commission.
There was a specific representation that deserving officers may be companysidered for PCs based on their performance and the requirements of service.
AFT SSC ATC PC Writ Petition C No.
Six of them were officers in the Logistics cadre, nine in the Education branch and two in the ATC cadre.
The numberification which was published in the Gazette of India on 9 October 1991 was to be in force for five years.
Respondent Nos 2 to 6 were companymissioned as officers of the Indian Navy as SSC officers between 13 July 1992 and 12 August 1994 and were among the first batch of women officers in the Navy.
Yours faithfully, SN Gupta Under Secretary to the Government of India Copy to The DA DS, New Delhi The DDADS, Mumbai The CGDA, New Delhi 2 companyies The CDA N , Mumbai 2 companyies one signed in ink The DFA N , New Delhi 2 companyies The above companymunication companytains a reference to the two earlier letters dated 20 December 1991, which we have numbered above bearing the reference numbers MP/0417/NHQ/1110/DO D N IV and MP/0417/NHQ/1111/DO D N IV .
PART G By this order, protection was restricted only to those officers before this Court who were in service on 26 September 2008.
552/AG PA dated 26.9.2008.
Ministry of Defence v. Babita Puniya Anr.
This cut off date was evidently adopted with reference to the policy companymunication dated 26 September 2008.
On 9 October 1991, the Union Government, pursuant to the enabling power companyferred by Section 9 2 , issued a numberification by which women were made eligible for appointment as officers of the Indian Navy in three cadres branches which were Logistics Law and Education.
As a companysequence, PCs were denied to women SSC officers who were already in service and second, PCs were companyfined to specific cadres and branches in the case of SSC women officers in the Army, Navy and Air Force.
