Victory for 32 former women officers, SC asks IAF to consider paying full pension

32 retired women Short Service Commission officers of the Indian Air Force could get full pension benefits after the Supreme Court ruled in their favour.

The apex court has directed the Centre and the Indian Air Force to consider granting Permanent Commission to the 32 former officers based on their suitability with the purpose of giving them pensionary benefits.

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.

The bench said the women officers, if found eligible by the IAF for grant of permanent commission, 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.

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.

However, instead of being considered for the permanent service commission, they were granted extensions of six and four years successively and, before being released from service, finally during 2006 to 2009.

“These women SSC officers had the legitimate expectation of being granted an opportunity to claim permanent commission in terms of prevailing policy,” it said.

In a landmark verdict on February 17, 2020, the top court had directed that women officers in the Army be granted permanent commission, rejecting the Centre's stand on their "physiological limitations" as being based on "sex stereotypes" and "gender discrimination against women".

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The apex court had directed that within three months all serving SSC women officers have to be considered for permanent commission irrespective of them having completed 14 years or, as the case may be, 20 years of service.

(with PTI inputs)