Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Navy Act 1957 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Navy Act, 1957 (62 of 1957) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Navy Act, 1957 – s.9(2) – Women Short Service Commissioned(SSC) Officers – Grant of Permanent Commissions (PCs) – Right tobe considered for – Held: Statutory bar on the engagement orenrolment of women in the Indian Navy was lifted to the extentenvisaged in notifications dated 09.10.1991 and 06.11.1998 issuedby Union Government u/s.9(2), 1957 Act – Right to be consideredfor the grant of PCs arises from the policy letter dated 25.02.1999r/w Regulation 203, Chapter IX, Part III, 1963 Regulations – Further,policy decision dated 26.09.2008 granted PCs to SSC womenofficers in Army, Navy and Air Force – Stipulation therein making itprospective and restricting its application to specified cadres/branches of the Indian Navy not to be enforced – Implementationguidelines dated 03.12.2008, to the extent they are made prospectiveand restricted to specified cadres are quashed and set aside – AllSSC officers in Education, Law and Logistics cadres presently inservice to be considered for the grant of PCs – Women SSC officersof Air Traffic Controller (ATC) cadre in Annie Nagaraja’s case notentitled to consideration for the grant of PCs – As a one-timemeasure, SSC officers in ATC cadre are entitled to pensionarybenefits– Respondent nos.2 to 6, in addition to the grant ofpensionary benefits, entitled to compensation of Rs. 25 lakhs each– SSC officers in ATC cadre in Priya Khurana’s case inducted inpursuance of specific representation in the advertisements that theywould be considered for the grant of PCs, to be considered in termsas directed – Further directions issued – Naval Ceremonial,Conditions of Service and Miscellaneous Regulations 1963 –Regulations 122, 124, 126, 203 – Constitution of India – Arts. 33,142 – Ex turpi causa non oritur actio.Naval Ceremonial, Conditions of Service and MiscellaneousRegulations 1963 – Regulation 203 (1) – Grant of PCs – Factors –Held: Regulation 203 (1) conditions the grant of PCs to three factors:availability of vacancies in the stabilised cadre, consideration ofsuitability, and a recommendation of the Chief of Naval Staff.Naval Ceremonial, Conditions of Service and MiscellaneousRegulations 1963 – Regulations 122 (14) and 203 – Comparisonbetween – Discussed. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2020 INSC 300 |
Petitioner | Union Of India & Ors. |
Respondent | Lt. Cdr. Annie Nagaraja & Ors. |
SCR | [2020] 10 S.C.R. 433 |
Judgement Date | 2020-03-17 |
Case Number | 2182 |
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