LexCDR SEEMA CHAUDHARY versus UNION OF INDIA AND OTHERS
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
* Author [2024] 2 S.C.R. 820 : 2024 INSC 147 CDR Seema Chaudhary v. Union of India and Others (Review Petition (Civil) No. 1036 of 2023) In Civil Appeal No 2216 of 2022 26 February 2024 [Dr Dhananjaya Y Chandrachud,* CJI and Hima Kohli, JJ.] Issue for Consideration Issues pertains to the grant of Permanent Commission to Women Short Service Commission Officers in the Indian Navy. Headnotes 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 [2024] 2 S.C.R. 821 CDR Seema Chaudhary v. Union of India and Others 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] Case Law Cited *Union of India vs Lieutenant Commander Annie Nagaraja [2020] 10 SCR 433 : (2020) 13 SCC 1 - relied on. List of Acts Constitution of India. List of Keywords Permanent Commission; Short Service Commission Officers; Indian Navy; Judge Advocate Generals’ Branch; Vacancies; Armed Forces Tribunal; Review petition; Binding judgment; Selection Board; Proportional increase in the vacancies. Case Arising From INHERENT JURISDICTION : Review Petition (Civil) No.1036 of 2023 In Civil Appeal No.2216 Of 2022 From the Judgment and Order dated 20.10.2022 in C. A. No.2216 of 2022 of the Supreme Court of India Appearances for Parties Devadatt Kamat, Sr. Adv., Shivendra Singh, Javedur Rahman, Mudassir, Advs. for the Petitioner. R. Balasubramanian, Sr. Adv., Dr. Arun Kr Yadav, Dy. Gov./Adv., Anmol Chandan, Vatsal Joshi, Aniirudh Sharma Ii, Ishaan Sharma, Sarthak Karol, Kiran Bala Sahay, Dr. N. Visakamurthy, Advs. for the Respondents. 822 [2024] 2 S.C.R. Digital Supreme Court Reports Judgment / Order of the Supreme Court Judgment Dr Dhananjaya Y Chandrachud, CJI 1. A batch of petitions pertaining to the grant of Permanent Commission1 to Short Service Commission2 Officers in the Indian Navy was disposed of by this Court by its judgment in Union of India vs Lieutenant Commander Annie Nagaraja3. The review petitioner was one of the officers before this Court. The submissions which were urged on her behalf were set out in paragraph 52 of the judgment. 2. In order to appreciate the grievance in the review petition, a reference to some of the salient facts would be in order. The petitioner was commissioned in the Indian Navy as a Short Service Commissioned Officer4 in the Judge Advocate Generals’5 Branch of the Indian Navy on 6 August 2007. She was promoted on 6 August 2009 as a Lieutenant and, thereafter, on 6 August 2012 as a Lieutenant Commander. During the course of her service, she was granted an extension in November 2016 for a period of two years and, thereafter, for an equivalent duration in August 2018. On 5 August 2020, the petitioner was informed that she would stand released from service on 5 August 2021. 3. The judgment of this Court in Lieutenant Commander Annie Nagaraja case (supra) was rendered by this Court on 17 March 2020. The directions which were issued by this Court would be of relevance to the present case and are hence set out below: “109.1. The statutory bar on the engagement or enrolment of wom
Excerpt shown. Read the full judgment & AI analysis in Lexace.