Explained: The 12-year-long legal battle for pension fought and won by 32 retired Indian Air Force women officers

In a big win for 32 retired women Short Service Commission (SSC) officers, the Supreme Court on Wednesday (16 November) directed the Centre and the Indian Air Force (IAF) to consider granting them Permanent Commission (PC).

These IAF SSC officers have been waging the legal battle for 12 years and have even retired in the meanwhile.

Three of these officers were widows whose husbands had sacrificed their lives for the nation, following which they were commissioned into the IAF on compassionate grounds, reports NDTV. 

While announcing its verdict, the apex court also referred to its 2020 Babita Puniya order.

What was the case going on for 12 years and what has the Supreme Court ruled now? What was the ruling in the Babita Puniya case? Let’s take a closer look.

What was the case?

These 32 officers had joined the IAF as Short Service Commission officers between 1993 and 1998. They were appointed on the terms of the advertisement released on 25 November 1991, according to which SSC officers would initially be employed for a period of five years, as per LiveLaw.

After this, they were to be considered for permanent commission.

However, after the five-year term ended, they were not granted PC but their service was extended by six years and then four more years. They finally retired between 2006 and 2009.

On 1 September 2004, the IAF notified a policy that accorded PC to SSC officers, however, women Short Service Commission officers were exempted.

Two years later, in May 2006, PC was struck down for SSC officers. Eventually, a new policy was issued in September 2008 which offered PC “prospectively to women officers across the three armed forces in select branches”, reports LiveLaw.

What did the Supreme Court say in the ruling?

Noting that these SSC officers had joined the IAF under the “legitimate expectation” that they would be granted permanent commission after five years, the Supreme Court said they should be considered for pensionary benefits.

“These women SSC officers had the legitimate expectation of being granted an opportunity to claim permanent commission in terms of prevailing policy,” a bench comprising Chief Justice of India (CJI) DY Chandrachud and Justices Hima Kohli and JB Pardiwala said.

“We are of the view that these women SSC officers be considered for grant of pensionary benefits,” the court ruled.

The bench said that if the IAF finds these women officers eligible for permanent commission then they would be granted one-time pensionary benefits from the date they would have been deemed to have completed 20 years of service, reports PTI. 

The court directed the IAF to evaluate the suitability of these women SSC officers and consider granting them pensionary benefits as per the HR (Human Resources) policy of November 2010.

However, the bench ruled they would not be entitled to arrears of salary.

“Arrears of pension will be given with effect from the date when the officers will be completing 20 years of deemed services,” it said, as per PTI.

Moreover, the apex court refused to instruct their reinstatement, saying they were released from service way on varying dates between 2006 and 2009.

“Reinstatement cannot be a viable option keeping in mind the requirement related to exigencies of serving the nation,” the bench said.

Welcoming the top court verdict, Squadron Leader Ruchita Karthikeyan, who was commissioned in June 1998, told NDTV, “It means a lot to us. It has been a long, long fight. Reinstatement would have been better for us, especially for me, being a widow of an air force officer. For me this battle has been twofold - within a year of leaving the air force I lost my husband.”

What was the Babita Poonia case?

Advocate Babita Poonia had approached the Delhi High Court in 2003, saying the refusal to grant PC to women SSC officers was gender-based discrimination.

The High Court granted relief, however, the verdict was challenged by the defence ministry in the Supreme Court.

The IAF disagreed with the Centre’s appeal and stated it would follow the decision in the Babita Poonia order passed by the Delhi High Court in November 2010.

The High Court had said in its decision, “The Short Service Commissioned women officers of the air force who had opted for PC and were not granted PC but granted extension of SSCs and of the Army are entitled to PC at par with male Short Service Commissioned officers with all consequential benefits.”

It further mentioned that the decision was applicable to women officers in service and those who approached the court but may have retired during the course of the pendency of the petitions.

In a landmark ruling in February 2020, the Supreme Court upheld the right of women Short Service Commission officers to be considered for permanent commission on the same footing as their male colleagues.

With inputs from agencies

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