The Supreme Court has come down heavily on the Union of India over petitions alleging that women army officers, who were granted permanent commission following the landmark Babita Puniya decision of the Apex Court, were being discriminated against in rank promotion.
The Bench of Chief Justice of India (CJI) D.Y. Chandrachud and Justice J.B. Pardiwala was shocked to know about the revelations made in the petitions and directed the Ministry of Defence to file an affidavit over the same.
Noting that the overall service profiles of women officers were required to be considered, the Supreme Court said that though the ACRs of women officers based on their entire service profile were required to be considered, they were pegged at the ACRs for 2011, which was when the corresponding male officers in the batch were considered for promotion.
Additional Solicitor General (ASG) K.M. Nataraj has stated that he would file a proper affidavit explaining this, said the Apex Court, while listing the matter for hearing after two weeks.
The Chief Justice orally told the ASG that the Court was ‘putting’ the Ministry on ‘notice’. If this was not rectified, then this court would have to come down heavily on them.
Stating that ex-facie it appeared that there has been an attempt to go around the Supreme Court order, the Bench said it would now take the matter very seriously.
It told the ASG to communicate to the ‘authority at the highest level’. The Court further warned the ASG that if the same was not rectified by the next date of hearing, it would issue a notice of contempt. The Court said it was giving them the last opportunity to the Ministry set its house in order, otherwise, the Apex Court would ‘haul’ it up.
Representing one of the petitioners, a female Army officer, Senior Advocate V. Mohana said that they were being forced to come before this court, since her ACR was frozen in 2011, while her male counterparts were considered in 2012. It was 2023 now, he added..
The CJI noted that the affidavit only said that the Ministry has been moved for the release of vacancies, and that the results have been notified. It did not say anything about the process being followed.