Women officers in the short service commission complained to the Apex Court on Thursday about the Army’s discriminatory evaluation process in granting them permanent commission, as directed by the Supreme Court in Feb, but were told by a sympathetic Supreme Court to move a writ petition for considering their grievances.
3 women lieutenant colonels, through Senior Lawyer Meenakshi Arora, told a bench of Justice D Y Chandrachud, Justice Indu Malhotra and Justice K M Joseph that though they had put in up to 20 years service, they were being evaluated for suitability on the basis of criteria fixed for male SSC officers who have put in 5-10 years of service.
Though the bench said it would be improper to entertain an application by them in a case that was disposed of by the Feb 17 judgment directing grant of permanent commission to women SSC officers in 10 streams, the applicants could file a writ petition.
“Women, by the age of 50 years, undergo several biological & hormonal changes & it would be unfair to expect physical fitness levels equivalent to men in the 25-30 years age group," said Justice Chandrachud.
The 3 women officers said the procedure for evaluation of women SSC officers for grant of permanent commission notified on Aug 1 “is nothing but a reproduction of existing procedure for gentlemen officers who are evaluated for similar benefits in their fifth & 10 year of service”.
They said this was a breach of the Supreme Court’s mandate which had said the permanent commission board evaluation of women SSC officers for grant of PC in 10 streams should be inclusive & not exclusive. They said the criteria notified on Aug 1 would impact a large number of women officers who had already surpassed the service age of 5-10 years for grant of PC. The petitioner officers are in the service age of 10, 14 & 20 years, thus falling in the age group of 35-50 years.
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