'Set Your House In Order': Supreme Court Says Army Not Being Fair To Women Officers In Giving Promotion

A Bench comprising CJI, Justice D.Y. Chandrachud and P.S. Narasimha conveyed the message to the Additional Solicitor General, Mr. Sanjay Jain appearing in the matter, that the Army authorities should set their house in order and apprise the Bench about the steps taken by them to ensure promotion of women army officers.

"We feel you have not been fair to these officers. We are going to pass peremptory order, you set your house in order and tell us what you are doing"

At the outset the ASG had informed the Bench that 150 seats have been sanctioned for promotion. Senior Advocate, Ms. V. Mohana appearing for the women officers expressed anguish that after the order in The Secretary, Ministry of Defence v. Babita Puniya, 1200 officers (male) junior to the petitioners have been promoted. She submitted that the students (male officers) who have been taught and trained by the women army officers have been promoted and are Command No. 1. Ms. Mohana was bemused that in October a batch of male officers was, considered for promotion in the Selection Board SB3, but the women officers were not.

The CJI asked the ASG, "Why did you not consider them(women officers) in October?". Thereafter, at the request of the Senior Counsel for the petitioner the CJI orally asked the ASG to not announce the results of male officers who were considered in October until the women officers are cleared for promotion.

The CJI orally stated -

"Two things you have to do Mr. Jain,

1. in pursuance to SB3 held for male officers in October, no male officers be posted until their (women officers) SB3 is complete;
2. SB2 for male officers for promotion will not be held until they (women officers) are considered."

At the end the ASG assured the Bench that the Ministry is committed to the cause of the women officers and steps would be taken to ensure their promotion.

The matter is to be taken up on Tuesday.

In the previous hearing, Senior Advocate V Mohana submitted that Women Short Service Commission Officers are not able to reap the benefits of the Supreme Court judgments which opened the avenues for them to seek Permanent Commission, as the selection boards for promotion have been held only for male officers. She submitted that while on the one hand, no steps have been taken to comply with the judgment of this Court dated 25 March 2021 in the case of Lt Col Nitish & ors v Union of India & Ors, the Army authorities have granted promotions to junior batches of male officers.

[Case Title: Nitisha v. Union of India MA 1913/2022 in W.P.(C) No. 1109/2020]