The issue addressed in this judgment is the consideration of Short Service Commissioned Officers (SSCOs) for the grant of Permanent Commission (PC) in the Indian Navy, particularly focusing on the case of Lieutenant Commander Annie Nagaraja. The judgment delves into the interpretation and implementation of various policy decisions and regulations governing the service conditions of SSCOs, especially women officers, regarding the grant of PCs.
The case, Cdr Seema Chaudhary Union of India and Others [Civil Appeal No 2216 of 2022] originated when Lieutenant Commander Annie Nagaraja, along with other officers, filed petitions seeking PC in the Indian Navy, challenging the policy decisions and regulations that limited their eligibility. The petitions were disposed of by the Supreme Court in the judgment of Union of India vs Lieutenant Commander Annie Nagaraja.
Lieutenant Commander Annie Nagaraja was commissioned as a Short Service Commissioned Officer in the Indian Navy in 2007. Despite serving for several years, she was denied PC due to the lack of vacancies. She approached the Armed Forces Tribunal (AFT), which issued certain directions, including the consideration of vacancies for fair evaluation of candidates.
The matter eventually reached the Supreme Court through a civil appeal filed by Lieutenant Commander Annie Nagaraja, challenging the directions issued by the AFT. The appellants contested the AFT’s decision to consider officers from later batches alongside Nagaraja, arguing that it caused prejudice to her case.
The Supreme Court analyzed the directions issued by the AFT in light of its earlier judgment in Lieutenant Commander Annie Nagaraja. The court emphasized the need to enforce its previous decision, which mandated the consideration of SSCOs for PC without introducing additional conditions.
The court held that the consideration of later batches alongside Nagaraja deviated from its earlier directives and caused prejudice to her case. It directed a fresh consideration of Nagaraja’s case for PC by reconvening a Selection Board, ensuring that she is evaluated independently and without influence from previous considerations or AFT’s observations.
Furthermore, the court clarified that any increase in vacancies required to accommodate Nagaraja should not set a precedent for future cases. It emphasized rectifying the injustice to Nagaraja while maintaining fairness to other officers.
In conclusion, the judgment highlights the court’s commitment to upholding the rights of SSCOs, particularly women officers, in the Indian Navy, ensuring fair consideration for PC based on merit and without undue prejudice. It underscores the importance of adhering to judicial directives and principles of natural justice in matters concerning service conditions and promotions within the armed forces.
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Written by- Aditi
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