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10 Dec, 2024 by Ardh Sainik News

SC slams army for forcing officer to litigate, grants permanent posting

The Supreme Court chastised the Indian Army on Monday for denying Lt Col. Suprita Chandel a permanent commission, emphasizing the injustice of forcing personnel to litigate for legitimate perks. A bench of Justices Bhushan R Gavai and K.V. Viswanathan authorized the Army to grant Chandel a permanent commission and all associated benefits retrospectively.

Lt Col Chandel, commissioned in the Army Dental Corps in 2008, was refused the opportunity to take a departmental test due to a 2013 regulatory revision that imposed a 35-year age limit and a postgraduate qualification requirement. Despite a 2014 Armed Forces Tribunal (AFT) verdict that benefited officers in similar situations, Chandel was disqualified since she did not participate in the initial litigation while on maternity leave.

 

The Supreme Court chastised the Army's discriminatory approach, arguing that the advantages of the AFT judgment should have been provided to all eligible officers. The court highlighted that "what is sauce for the goose is sauce for the gander," reinforcing the idea of equitable treatment.

The bench ordered the Army to respond within four weeks, citing the challenges experienced by military members and emphasizing the need for proactive fairness in service matters. This provided justice for Lt Col Chandel after an 11-year fight.