Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Permanent Commission |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case(s) Referred | Referred Case 0 |
Case Type | Review Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Armed Forces – Indian Navy – Women Short Service Commissioned Officers – Grant of permanent commission – Petitioner commissioned in the Indian Navy as a Short Service Commissioned Officer in the Judge Advocate Generals’ Branch of the Indian Navy – Petitioner was considered for permanent commission but denied on the ground that there were no vacancies – Petitioner moved this Court u/Art. 32 of the Constitution, but was relegated to the Armed Forces Tribunal – Directions of the tribunal formed the subject matter of challenge before this Court in Civil Appeal which was disposed of – Hence, the instant review petition: Held: Serious element of prejudice caused to the petitioner must be rectified so as to enforce the final directions of this Court in *Lieutenant Commander Annie Nagaraja’s case – Issuance of directions to consider the case of the petitioner for the grant of Permanent Commission afresh by reconvening a Selection Board – Selection Board to consider the petitioner’s case on a stand alone basis uninfluenced by any previous consideration of her case for PC and by any observations contained in the order of the AFT – It is clarified that in the event that pursuant to the directions of the AFT, if a proportional increase in the vacancies is required to be created to accommodate the petitioner, this would be carried out without creating any precedent for the future – Exercise of considering the petitioner afresh for PC to be carried out on or before the stipulated date. [Paras 16-18,19,20] |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2024 INSC 147 |
Petitioner | Cdr Seema Chaudhary |
Respondent | Union Of India And Others |
SCR | [2024] 2 S.C.R. 820 |
Judgement Date | 2024-02-26 |
Case Number | 1036 |
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