Supreme Court Directs Centre to Pause Release of Women SSC Army Officers
The Supreme Court of India on Friday, May 9th, instructed the Central Government to temporarily halt the release from service of women Short Service Commission (SSC) officers in the Indian Army who are currently challenging the denial of Permanent Commission (PC). The Court emphasised the importance of maintaining the officers' morale and utilizing their services, particularly in the prevailing national context.
Court Prioritises Officers' Morale and Service
Presiding over a two-judge bench, Justice Surya Kant observed that it was not an opportune time to have these officers "running around in the Supreme Court and courtrooms." He stated, "There is some better place now for them to perform...As of date, we would like their morale to be kept high." While clarifying that the Court was not ordering a stay based on the merits of the case at this stage, Justice Kant added, "Meantime, just utilise their services. It’s not your case they are an unsuitable kind of officers." He also highlighted the need for a blend of young and experienced officers within the armed forces, especially in high-pressure situations.
Government Cites Policy for Army Structure
Appearing for the Centre, Additional Solicitor General Aishwarya Bhati argued that the release of SSC officers is an administrative decision based on the policy to maintain a youthful profile for the armed forces, which has a pyramidal structure. She noted that out of 600-700 officers recruited annually, only about 250 can receive Permanent Commission after ten years, with others having an option for four more years of service. Ms. Bhati asserted that women have fared well in securing Permanent Commission since its introduction and denied any discrimination.
Officers Challenge Denial, Cite Precedents
Representing one of the officers, Lt Col Geeta Sharma, Senior Advocate Menaka Guruswamy pointed out that her client had already been relieved from her posting and sought her continuation in service. Ms. Guruswamy referenced Colonel Sofiya Qureshi, who recently briefed the media on "Operation Sindoor," as an example of women excelling after the Supreme Court's landmark Babita Puniya judgment paved the way for Permanent Commission for women. She contended that administrative powers should not be an excuse for discrimination and that vacancies exist.
The Supreme Court has scheduled the next hearing in this matter for August, beginning with the Army's case. The interim direction to halt the release of these women SSC officers aims to maintain their service status while their legal challenge regarding Permanent Commission is adjudicated, with the Court particularly underscoring the value of their experience and the need to uphold their morale at this juncture.
