LT. COL. NITISHA Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment has been divided into the following sections to facilitate analysis:

(2.) The path traversed by the Women SSC Officers[5] commenced with a writ petition in public interest before the Delhi High Court in 2003. The judgment of the Delhi High Court which substantially upheld the entitlement of the WSSCOs was rendered on 12 March 2010[6]. The judgment of the Delhi High Court and its directions[7] formed the subject matter of the earlier proceedings before this Court which resulted in the decision in Babita Puniya (supra) being rendered on 17 February 2020. Between 12 March 2010, when the Delhi High Court pronounced its judgment, and 17 February 2020, when this Court rendered its decision in Babita Puniya (supra), there was no stay of the implementation of the judgment of the Delhi High Court. This, as a matter of fact, was clarified on 2 September 2011 in an order of this Court[8].

(3.) Despite the above clarification, the judgment of the High Court was not implemented by the Union Government. Several interim orders were issued for directing a stay on the release of the WSSCOs, for reinstatement in service coupled with an entitlement to salary. During the pendency of the appeal before this Court, the Union Government and the Ministry of Defence[9] ("MoD") issued a communication on 25 February 2019 envisaging the grant of PCs to WSSCOs in eight arms or services of the Army (in addition to the existing two streams of Judge Advocate General[10] and Army Education Corps[11] which had already been opened up for PC to WSSCOs). Eventually, in the judgment of this Court dated 17 February 2020, the following directions were issued to the Union Government, while taking on record its policy statement dated 25 February 2019: