WG CDR PUNITA ASWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petition impugns the common order dated 20th February, 2020 of the Armed Forces Tribunal (AFT), Principal Bench, New Delhi in OA No.1500/2019 preferred by the petitioner as well as in OAs preferred by six others, upholding the preliminary objection of the respondents Indian Air Force (IAF) to the OA No.1500/2019 preferred by the petitioner as well as in OAs preferred by six others.

(2.) This petition came up first before this Court on 13th July, 2020 when it was adjourned to 31st July, 2020. However on 31st July, 2020, the petition could not be listed and was listed only on 22nd September, 2020, when after hearing the counsels, it was adjourned to today.

(3.) It is the case of the petitioner, that (i) the petitioner joined the respondents IAF, after being selected as a Short Service Commissioned (SSC) officer, in the AE(L) branch, pursuant to the advertisements issued in October, 2005; (ii) the petitioner was finally commissioned on 3rd July, 2006, under the Rationalized Scheme of 10+4 years; (iii) initially, women were not recruited in IAF; IAF started commissioning women in different branches, in the years 1991 and 1992 and that too, on Short Service Commission, but did not consider them for permanent commission; (iv) various other women SSC officers approached this Court, seeking a direction to the respondents IAF to consider their case for grant of permanent commission, without any gender bias; (v) the aforesaid batch of petitions were allowed by this Court vide judgment dated 12th March, 2010 reported as Babita Puniya Vs. Secretary, 2010 168 DLT 115(DB), holding that women SSC officers are entitled to permanent commission at par with male SSC officers, with all consequential benefits; (vi) the said judgment was upheld by the Supreme Court in judgment reported as The Secretary, Ministry of Defence Vs. Babita Puniya, 2020 AIR(SC) 1000; (vii) after the aforesaid judgments, the petitioner, whose selection process had commissioned in October, 2005, was hopeful that she will be granted permanent commission on the same parameters on which male SSC officers in other branches had all along been granted permanent commission; (viii) the respondents IAF also issued a Policy dated 19th November, 2010, to grant permanent commission to all SSC women officers; (ix) the respondents IAF however, instead of considering the petitioner for permanent commission, after the petitioner had completed ten years as a SSC officer, vide signal dated 11th March, 2016 granted extension of four years to the petitioner even though the petitioner even then was willing for grant of permanent commission and was entitled thereto; (x) aggrieved therefrom the petitioner made a representation dated 20th January, 2017, but to no avail and therefore the petitioner preferred OA No.990/2017 before the AFT, assailing the action of the respondents IAF, of not considering the petitioner for permanent commission, on the premise that the petitioner had been commissioned prior to 26th September, 2008; (xi) the aforesaid reasoning of the respondents IAF was erroneous as the petitioner had been recruited prior to 25th May, 2006 and was entitled to be considered for permanent commission in terms of judgment of this Court in Babita Puniya supra; (xii) during the pendency of OA No.990/2017, the respondents IAF issued a new Policy dated 16th January, 2019, and in view whereof the petitioner withdrew OA No.990/2017 with liberty to challenge the action of the respondents IAF by filing a fresh OA; (xiii) the petitioner thereafter preferred OA No.1500/2019, from which this petition arises, challenging the Policy dated 16th January, 2019 and seeking direction for her consideration for permanent commission; (xiv) the AFT, vide impugned interim order dated 20th February, 2020 in the OA No.1500/2019 preferred by the petitioner as well as in certain other OAs pending before the AFT, upheld the preliminary objection of the respondents IAF to the effect that the petitioner and others could only challenge the consideration as per Policy dated 16th January, 2019; (xv) the AFT, while passing the impugned order dated 20th February, 2020, did not notice that the petitioner, while withdrawing OA No.990/2017 had not given up her claim for being considered by the old Policy and the order dated 27th May, 2019 of the AFT permitting withdrawal of OA No.990/2017 itself recorded that the petitioner would be entitled to challenge the action of the respondents IAF; (xvi) it thus cannot be said that the petitioner had waived her right; (xvii) though OA No.1500/2019 is still pending before the AFT but since the petitioner was being released on completion of 10+4 years of her SCC, with effect from 2nd July, 2020, without being granted the consideration for permanent commission, the petitioner approached the AFT vide MA No.756/2020 seeking stay of release of the petitioner; and, (xviii) the AFT however vide order dated 26th June, 2020 rejected the petitioners MA No.756/2020, holding that the petitioner cannot now claim to be entitled to be considered by the old Policy.