Wg Cdr Vidhu Singh (29399-H) ... vs Union Of India, & Ors.
2020 Latest Caselaw 3614 Del

                                                                                              Signature Not Verified
                                                                                              Digitally Signed By:DINESH
                                                                                              SINGH NAYAL
                                                                                              Signing Date:29.12.2020
                                                                                              16:17:49


                                $~6
                                *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                              Date of decision: 28th December, 2020
                                +                   W.P.(C) 11205/2020
                                       WG CDR VIDHU SINGH (29399-H)               ..... Petitioner
                                                    Through: Ms. Garima Sachdeva, Advocate.
                                                               (M:9910540643)
                                                    versus

                                       UNION OF INDIA & ORS.                    ..... Respondents

Through: Mr. Satya Ranjan, Advocate.

CORAM:

HON'BLE MS. JUSTICE PRATHIBA M. SINGH HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

Prathiba M. Singh, J.(Oral)

1. This hearing has been done by video conferencing. CM APPL. 34960/2020 (for exemption)

2. This application seeks exemption from filing court fee and duly attested affidavits. Binding the deponent of the affidavit to the contents of the application, the exemption is granted. Insofar as the court fee is concerned, the same be deposited within one week. Application is disposed of. Registry to submit a report in case the court fee is not filed after a month. CM APPL. 34961/2020 (for exemption)

3. This application has been filed by the Petitioner for exemption from filing a Certified Copy of Order dated 24th December, 2020. Allowed, subject to all just exceptions. Application is disposed of. W.P.(C) 11205/2020 & CM APPL. 34959/2020 (for stay)

4. The present petition has been filed by Wing Commander Ms. Vidhu Singh, who is a ground engineer in the Indian Air Force. The case of the Petitioner is that she was commissioned as a Short Service Commissioned

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Signing Date:29.12.2020 16:03 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:29.12.2020 16:17:49

Officer (hereinafter, "SSC") on 2nd January, 2007 in the Aeronautical Engineering Branch and has been trained on the Mirage-2000 aircraft in Aircraft stream. The Petitioner is presently in her 14th year of service. As per the Air Headquarters' Human Resource Policy dated 16th January, 2019, an SSC Officer is entitled for permanent commission after fulfilling certain criteria. The Petitioner's request for grant of permanent commission was denied in May, 2020. On 22nd June, 2020, the Petitioner raised a Redress of Grievance application to the Respondents addressing her concerns with respect to such a denial. As no response was received by the Petitioner, she made a representation to the Chief of Air Staff on 4th September, 2020, requesting for an interview. This representation was responded to on 9th October, 2020 and it was clarified that the rejection was interalia, on the basis of non-availability of vacancies.

5. The Petitioner then approached the Armed Forces Tribunal (hereinafter, "Tribunal") in O.A. No. 1967/2020 titled Wg Cdr Vidhu Singh v. Union of India & Ors. On 24th December, 2020, the following order was passed in the same:

"Issue Notice to the respondents. Notice is accepted by Shri Satya Ranjan Swain, learned counsel for the respondents, who seeks time to file counter affidavit. Let the same be filed within four weeks with copy to the learned counsel for the applicant, who may file rejoinder, if any, within two weeks thereafter. List the matter on 12th February, 2021. In the meanwhile, any action taken during the pendency of the matter shall be subject to the final decision of the OA.

Copy of this order be given 'Dasti'."

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Signing Date:29.12.2020 16:03 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:29.12.2020 16:17:49

The said order is under challenge in the present petition.

6. Ms. Garima Sachdeva, ld. counsel appearing for the Petitioner submits that the Petitioner would be discharged from service as the date of release is 1st January, 2021 and the Tribunal has not granted her interim protection. She submits that the question as to whether women are entitled to permanent commission in the Air Force is pending before the Supreme Court. On the other hand, Mr. Satya Ranjan, ld. counsel appearing for the Respondents submits that the Tribunal has given adequate protection to the Petitioner as the release would be subject to the final decision in the O.A. Ld. Counsel has also emailed copies of orders passed by the Tribunal under similar circumstances, wherein the interim directions are almost the same as the one granted to the Petitioner herein.

7. A perusal of the impugned order shows that the Tribunal has passed an order that any action taken during the pendency of the matter would be subject to the final decision in the O.A. and has listed the matter on 12th February, 2021. A perusal of the rejection letter dated 9 th October, 2020 shows that the release of the Petitioner and non-grant of permanent commission is, according to the Respondents, an outcome of the relative merit of the empanelled Officers and due to the non-availability of vacancies. The prayer for interim relief has, in effect, not been granted by the Tribunal. However, the Tribunal has not gone into the merits of the issues raised.

8. If no interim relief is granted to the Petitioner, the release of the Petitioner would take effect on 1st January 2021 and it would, in effect, be a fait accompli as she would be released from the Air Force, before the matter

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Signing Date:29.12.2020 16:03 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:29.12.2020 16:17:49

is taken up by the Tribunal. The facts of the other cases in which similar orders are stated to have been passed are not before this Court. Accordingly, in order to afford adequate opportunity to the Petitioner to argue her case on merits and also considering her long service as a SSC, it is directed that the imminent release of the Petitioner shall not take effect till the next date of hearing before the Tribunal i.e., 12th February, 2021. The Tribunal would adjudicate the prayer for interim relief after hearing the parties on merits.

9. The present petition and all pending applications are disposed of in these terms.

10. It is clarified that none of the observations made in this order shall have any effect on the adjudication on merits by the Tribunal.

PRATHIBA M. SINGH, J (VACATION JUDGE)

SUBRAMONIUM PRASAD, J (VACATION JUDGE) DECEMBER 28, 2020 dj/T

Signature Not Verified Digitally Signed

Signing Date:29.12.2020 16:03