- By JE News Desk
- Wed, 16 Nov 2022 09:18 PM (IST)
- Source:JND
IN A landmark judgement by the Delhi High Court on Wednesday granted a full pension to 32 women who have been fighting for the right to serve the Indian Air Force (IAF) for more than their Short Service Commission tenure of five years.
The full pension is equal to officers who went on to serve for 20 years. The legal battle for the IAF women, who eventually had to retire before they won their case, lasted for 12 years.
A bench comprising Chief Justice D Y Chandrachud and justices Hima Kohli and J B Pardiwala, however, refused to order their reinstatement on the ground that they were released from service way back between 2006 and 2009.
"Reinstatement cannot be a viable option keeping in mind the requirement related to exigencies of serving the nation," it said in the order.
The bench also said that if the women are found eligible by the IAF or grant of permanent commission, they will be entitled to grant of one-time pensionary benefit from the date when they would have completed 20 years in service if it had continued.
The Chief Justice of India praised the IAF for taking a "fair approach" and asked senior lawyer R Balasubramanian, appearing for the Centre and the Air Force, to convey the appreciation to the IAF chief and the government.
While granting relief to the former women IAF SSC officers, the bench said they had joined the services during 1993-1998 under the legitimate expectation in pursuance of the policy decision that they will be considered for grant of permanent commission after five years.
"These women SSC officers had the legitimate expectation of being granted an opportunity to claim permanent commission in terms of prevailing policy," it said.
"We are of the view that these women SSC officers be considered for grant of pensionary benefits," the bench said while exercising its extraordinary power under article 142 of the Constitution for doing complete justice in any matter pending before it.
The bench also added that the IAF would examine the suitability of these retired officers and consider granting pensionary benefits once they are found eligible for a grant of permanent commission as per the HR (Human Resources) policy.
"The cases of the appellants will be evaluated on the basis of the HR Policy of November 2010," the court said.
It, however, made clear that these officers shall 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.
The bench, meanwhile, asked the IAF to consider the similar plea of two widow officers "sympathetically".
(With inputs from agency)
