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The court heard Wing Commander Niketa Pandey’s plea; she joined via SSC in 2011 and earned an extension till June 19, 2025 after 10 years of service.
The Supreme Court on Thursday stayed the release of a woman short service commission (SSC) officer of the Indian Air Force who was part of Operation Sindoor, observing that the uncertainty among officers of the armed forces on whether they will be absorbed after 10 years of service is not good and should be remedied by bringing suitable policy.
The court was considering the plea of Wing Commander Niketa Pandey, who entered the force through SSC in 2011 and on merit, got an extension till June 19, 2025 on completion of 10 years of service. Having played a crucial role in the recent Operation Sindoor and Operation Balakot, Pandey sought a stay on her release from IAF till the special selection board considers her case for permanent commission.
Pandey is the first SSC officer from the IAF to get stay on her release. Earlier, on May 9, the top court passed similar orders staying the release of over 50 Army women SSC officers who were to be considered for permanent commission.
A bench headed by justice Surya Kant noted that these officers are an important asset to the nation and wondered why a policy could not be introduced by the Centre to ensure that all the officers selected through SSC get permanent commission subject to their fulfilment of the required criteria.
“A sense of uncertainty may not be good for armed forces. Because there is no assured chance of permanent commission for women SSC officers, it gives rise to inter-se competition among these officers after completion of 10 years,” observed the bench, also comprising justice N Kotiswar Singh.
It added: “For future, you may consider having a policy to have only as many SSC officers who can be taken in as permanent commission officers. Say, if you take 100 SSC officers, you consider them for permanent commission. It is a different thing that all may not qualify. But we feel this inter-se merit and competition causes lot of heartburn.”
Additional solicitor general (ASG) Aishwarya Bhati appearing for the Centre and IAF pointed out that the force needs young officers.Unlike the Army where permanent commission for women officers on parity with men came pursuant to Supreme Court’s decision in 2020, IAF had already implemented this a decade before.
The law officer told the court that the officer in question was considered by two selection boards and found unsuitable.
The petitioner represented by senior advocate Menaka Guruswamy along with advocate Astha Sharma submitted that just before Operation Sindoor, looking into the strategic merit and experience of the officer, she was called to play a crucial role in the coordinated air attacks.
In her application, Pandey said, “Despite women officers been inducted in the Indian Air Force since 1992 which is more than 30 years now, still the only available option provided to them at the inception for induction is via the SSC whereas their male counterparts have an option to be commissioned as both SSC and Permanent Commission,” which, according to him, goes against principles of equality and the law laid down by the top court.
“Considering that the times have changed and evolved with better infrastructure, equipment, and dedicated female officers, the limitations imposed more than three decades ago, do not fit the denial of permanent commission to officers based solely on their gender, if otherwise eligible to take on the roles and responsibilities that come with donning the uniform,” she added.
Pandey underwent extensive training as a Fighter Controller and like any SSC Officer, appeared before two Boards of Officers and has one more chance to appear before a third and last Board of Officers. “Given the limited time remaining, there is an apprehension on behalf of the applicant that the third Board would be concluded in a hasty manner and the applicant would not be given a fair opportunity to be considered for Permanent Commission,” the application stated.
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