The Supreme Court has ruled that the IAF Short Service Commission women Officers, who have not moved Court challenging non-consideration for Permanent Commission (PC) during their tenure, cannot be reinstated now.
These women officers will, however, be granted one time pension benefits.
A bench of Chief Justice of India DY Chandrachud, Justice Hima Kohli and Justice JB Pardiwala said the officers would not be eligible for arrears of salary but for arrears of pension from the date of release from service.
The Court clarified that the women SSCOs in the present batch of cases will be considered for grant of one time pensionary benefits.
The Court said that the case would be under the human resources policy of November, 2010. It added that while the officers found eligible for pensionary benefits shall not be eligible for arrears of salary they would get pension arrears from the date of release from service.
The Court has added that the the appellants who moved Delhi High Court soon after the 2010 judgment should not be denied the benefit emanating from the judgment, however those who were released between 2006 and 2009, their reinstatement was not viable.
The appeals were filed by former women SSCOs of the IAF who cited benefit of Delhi High Court’s Babita Poonia judgment of 2010, which said that that women officers in all three forces should be considered for grant of PC.
The appellants were from 1994 and 1998 IAF batches who had had joined the IAF in terms of an IAF circular of 1991 that said that upon completion of five years of service.
After these women completed their 5 year term, their case for PC was not considered and they were only granted an extension of six years.
The High Court had held that the benefits were available only to serving women SCCOs as on date of judgment and to women SSCOs who had instituted the plea before High Court but retired during pendency of proceedings.