Thread by @LawBeatInd

#SupremeCourt bench of Justice DY Chandrachud and Justice MR Shah to continue hearing pleas concerning #PermanentCommission to certain women SSC Officers in Navy.

Senior Adv Chander Uday Singh- Can I request Your Lordships to take 1.2...

Though the title continue to be showing Shibu Deva, now there are 3 petitioners
In order to narrow down the controversy, we filed a written submission on 27th July, in WP 1269.

Singh- What happened was aster Babita Punia Judgment, Your Lordship dealt with Nagrajan which was mentioned in SCC, implimentation with regard to permanent commission in the Navy.

Singh- In Normal nomenclature they called Gentleman officers, I don't know how they call women officers, I'll call them Gentleman Officers as well .

Justice Chandrachud- Why Gentleman officers, Call them Women officers.

Singh- Milords they always call Gentleman officers only.

Singh, Refering to the Judgement of Annie Nagarajan

What becomes very crucial here is availability of vacancies, if vacancies are there, then permanent commission may be considered, Singh.

Justice Shah Mr Singh all these 3 petitioners are in Service, right?

Singh- Yes Milords!

Justice Shah- If they are in service then the question compensation may not arise.

Singh- We are left high and dry stating that our they are not separable to civil service.

Justice Chandrachud- Court gaye ho toh wahi se order lelo, that is what they are trying to say.

Singh- Milords they all merit officers, but they have been denied on the basis of inter sea merits.

We are meritorious and people who have not even passed the examination are being considered.

Singh- In addition, a number of officers were laterally shifted to the education department, which again shows the need in the education department.

Sungh- MoD had answer in the Rajya Sabha, with regards to over-all shortfall.

The anomalies with regards to gender differentiation is similar to the non consideration of eligible.

Singh- The initiating officers would only give recommendation to only those who are eligible.

Singh- These people are not being considered for permanent commission

Justice Chandrachud- They are being considered but not recommended.

Yes Milords, Singh

Singh - All of us were granted extension because our records were outstanding

Justice Shah - That was for extension, right? Not for PC?

Counsel affirms.

Matter to resume after 2 pm.

Justice Chandrachud- We were thinking that now we will hear 32 petitions, when you have remedy Armed Tribunal... Should you not go before AFT, we'll pass an interim order for while by then AFT may decide.
We understand that there is weightage in this.

Justice Shah- One more thing to consider is, individual cases has to be decided at individual level by the AFT, the ideal we have led down in our Judgment.

Justice Chandrachud- We highly respect these officers, suppose you are not granted PC then you have remedy to come to us. You may get you pension a little delay, but the hierarchy has PC.

Singh- I don't want to say on behalf of others but in my case, these petitions itself may be sent to AFT to be considered as OA.

Justice Chandrachud- That we'll discuss with my brother.

Justice Chandrachud- We'll say that this whole batch may be decide together with a time frame of for say 2 Months...

Counsel- We have matters pending in different AFTs

Justice Shah- That we can consolidate before the principal bench.

Sr Adv Huzefa Ahmadi- My point is that your lordships in case of Women allowed them for pension even if they are not given PC, the same order I'm seeking.

Justice Chandrachud- Ok, anyone else who want to say something from the petitioners.

Justice Chandrachud- We are here at a wider nation wide issue, at sometime we'll have to say that now the AFT can follow our orders.

Senior Counsels for different petitioners asking for 5 minutes to hear them...

Justice Chandrachud- it's already around 2:45, if don't say it today then these people will go on a toss for another 4 weeks, that is what happened on the last date.

Ahmadi- Similarly placed discrimination is for the male candidates...and they are only 9 male officers.

Justice Chandrachud- 9 who are before us.

Ahmadi- No Milords, it's just these 9.

Justice Chandrachud- Ok, anything else.

Sr Adv Paramjit Patwalia- I'm a lady officer I have been denied saying you were not a petitioner to those petition, I was an intervener, my arguments were recorded in that matter.
They say, you are not a Petitioners in those matters.

Justice Shah- Ok, We'll consider this.

Justice Chandrachud- First we'll take Mr Singh's matter, item 1.1 we direct that all the OAs be consolidated and heard before the Principal bench of the AFT, the AFT is requested to decide the matter within 2 months of the certified copy of this order is received.

Justice Chandrachud- AFT shall do so on or before 31 October 2021.

Other matters what we'll do is, in this batch of matters has challenged the rejection of their claim to PC, referring to UOI Vs Annie Nagrajan.

Justice Chandrachud- Without expressing any views on the submissions made by the counsels, we direct all of the petitioners to move before the AFT principal bench at Delhi, within time schedule of 31 October 2021.