'Arbitrary': SC on denial of promotion to women armed forces officers

New Delhi: The Supreme Court on Friday said that it is "arbitrary" on part of the Army to deny promotion to women officers who were granted permanent commission pursuant to an earlier decision of the apex court.

The above observation was made by a bench headed by CJI D.Y. Chandrachud and comprising Justices J.B. Pardiwala and Manoj Misra as it heard a plea filed by women officers alleging denial of promotion owing to gender discrimination.

The bench remarked that the women officers were being compelled to approach the Supreme Court as the attitude of the Army was to end the just entitlements of the these officers.

It ordered that a fresh Special Selection Board will be reconvened no later than a fortnight. However, it clarified that those officers who have already been promoted shall not be distributed in any manner.

The plea filed by women officers assailed the arbitrary criterion adopted by the board, which denied benefits to deserving women candidates.

The Defence Ministry had constituted a special selection board to examine the promotion of women Army officers after the top court granted permanent commission to them in 2020.

In its landmark verdict, the apex court had extended permanent commission to women Short Service Commission Officers at par with their male counterparts.

Earlier, the Supreme Court had warned the Army that it will hold it guilty of contempt for not granting permanent commission (PC) to women officers, in accordance with its order. In 2021, 39 women army officers got Permanent Commission after winning a legal battle in the Supreme Court. A Permanent Commission means a career in the army till retirement, while Short Service Commission is for 10 years, with the option of either leaving or opting for Permanent Commission at the end of 10 years. If an officer doesn't get Permanent Commission then, the officer can choose a four-year extension.