NDLI: Wg Cdr A U Tayyaba (retd) and Others Vs. Union of India and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Armed Forces: Permanent Commission
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Armed Forces: Permanent Commission – Claim for, by Women Short Service Commissioned Officers (SSCO) – The Delhi High Court in its lead judgment in Babita Puniya v. Secretary & Anr, issued specific directions for considering Women SSCO in the Air Force and in the Army for the grant of Permanent Commission (PC) – Indian Air Force implemented the said judgment only for those officers who were in service as on 12 March 2010 or those retired/ released officers who were not in service as on 12 March 2010 but had filed writ petitions before their release – Appellants were left out from the reinstatement plan of IAF as they were released from service prior to 12 March 2010 – Appellants unsuccessfully challenged the manner of implementation of decision in Babita Puniya v. Secretary & Anr. – On appeal, Held: Para 61(3) of the judgment of the Delhi High Court provided that Women SSCOs of the IAF who had opted for PC but were not granted PC but allowed only an extension of their Short Service Commissions were entitled to PC at par with men SSCOs with all consequential benefits – It covers only two categories (i) Serving women SSCOs as on the date of the judgment (ii) Women SSCOs who had instituted writ petitions before the High Court but who had retired during the course of the pendency of the petitions – Hence, submission of appellants of including them in reinstatement plan of IAF cannot be accepted as they did not fall into any of the above two categories – However, as a matter of fact entire litigation was pursued in the form of a PIL – Appellants had a legitimate expectation since the respondents by their representations in the policy circular dated 25 November 1991 and in published advertisements created expectations among the women SSCOs regarding the grant of PC on completion of five years of service – The women SSCOs continued to be under a legitimate expectation that their extended SSC tenure would be converted into a PC as they were induced in service with a specific representation of being considered for PC – Hence, appellants should be considered for the grant of pensionary benefits as the reinstatement in service is not a viable option having regard to the exigencies of service – This direction emanate in exercise of the jurisdiction of this Court u/Art.142 of the Constitution of India to bring about complete and substantial justice and remove the pernicious effects of gender discrimination which had taken place in the past in the Indian Air Force – Directions passed – Legitimate expectation – Constitution of India – Art.142.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2022 INSC 1206
Petitioner	Wg Cdr A U Tayyaba (retd) And Others
Respondent	Union Of India And Others
SCR	[2022] 8 S.C.R. 800
Judgement Date	2022-11-16
Case Number	79-82

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