Justice DY Chandrachud led bench indicates that it is going to hold the Army guilty for contempt for not granting permanent commission to women officers as per its earlier judgment
SC notes that Out of 72 officers, 1 had applied for premature release. Out of remaining 71 officers, 39 have been granted PC and a letter has been issued on 29 October 2021 in compliance of our Verdict
The contempt petitions are due to 36 officers who were not considered for grant of PC.
After a review, 21 out of the 36 officers have been granted PC and the case of 1 is under consideration.
Out of remaining 14 officers, 3 Are considered medically unfit.
ASG-- given the flow of the hearing today I have sought instructions from the highest levels. A clarification is coming in the next few minutes.
The orders for the PC should be issued within one week
Indian Army agrees to grant Permanent Commission to 11 women after Supreme Court warns of contempt
SC: Ld ASG has stated that above dispensation upon instructions have been accepted to subserve the interest of women participation in the army. We appreciate the fair stand of army authority in putting at rest all outstanding issues pertaining to women SSC offcer
ASG: let all other conditions remain
Justice Chandrachud: there will be no dilution of standards. In compliance with our earlier judgment, let permanent commission be awarded to the rest of women officers within Nov 26 , 2021
Adv V Mohana: We thank the court for this order
SC: We know you have a brief and you will have to be fair to the court
Mohana: please keep this matter after Nov 26 so that update can be taken
SC: during the course of these proceedings permanent commission was granted to the 39 women SSCOs. On a further review, out of 36 officers in contempt plea 25 officers have been granted PC as on Oct 29, 2021
SC: The issue pertains to the 11 officers whose cases have to yet be recommended for permanent commissions.
ASG: There are 36 officers out of 72. One has opted for release. out of 35, 21 have been granted, one is being considered on separate parameter. 14 were not granted and 13 were medically unfit. 11 we will grant now in 10 days
ASG: Now coming to the two individuals whom Mrs Mohana mentions, both of them don't form part of this 72. Akansha Srivastava and Himalini Pant.
ASG: The candidate says health record card has been submitted which were given to her by concerned medical authorities.
SC: as regards to the implementation of the directions contained in Para 120 of the judgment (Lt col Nitisha case). The present case has been set out in following terms by Ld ASG Jain.
SC: Out of a total of 72 officers who were not considered eligible for PC:
1. 1 officer opted for release 2. Out of 35 officers in contempt proceedings, 21 on further review has been granted #permanentcommission while 1 other is being considered on separate ground
SC: 3. 14 officers have been left out of the above process for the grant of PC
4. 13 were found medically unfit
5. Remaining 11 will be granted PC within 10 days
SC: ASG says those officers whose case is not before court in contempt proceedings but meets criteria laid in judgment, they will be granted permanent commission within 3 weeks from today
SC: By way of abundant caution it is clarified that those officers who have disciplinary and vigilance clearence will be eligible to grant of PC subject to their meeting of other conditions specified in para 120
SC: As regards to Lt Col Akansha Srivastava (petitioner no 3) and Lt Col Himalini Pant (petitioner 11).. their cases would be duly considered in terms of the parameters laid down in para 120 of decision of this court within 1 month from today
SC: In case the two are not found suitable for PC, a reasoned order will be communicated to them specifying the reason for rejection.
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