LexUNION OF INDIA & ORS. versus LT. CDR. ANNIE NAGARAJA & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A B C D E F G H 433 UNION OF INDIA & ORS. v. LT. CDR. ANNIE NAGARAJA & ORS. (Civil Appeal No. 2182-87 of 2020) MARCH 17, 2020 [DR. DHANANJAYA Y. CHANDRACHUD AND AJAY RASTOGI, JJ.] Navy Act, 1957 – s.9(2) – Women Short Service Commissioned (SSC) Officers – Grant of Permanent Commissions (PCs) – Right to be considered for – Held: Statutory bar on the engagement or enrolment of women in the Indian Navy was lifted to the extent envisaged in notifications dated 09.10.1991 and 06.11.1998 issued by Union Government u/s.9(2), 1957 Act – Right to be considered for the grant of PCs arises from the policy letter dated 25.02.1999 r/w Regulation 203, Chapter IX, Part III, 1963 Regulations – Further, policy decision dated 26.09.2008 granted PCs to SSC women officers in Army, Navy and Air Force – Stipulation therein making it prospective and restricting its application to specified cadres/ branches of the Indian Navy not to be enforced – Implementation guidelines dated 03.12.2008, to the extent they are made prospective and restricted to specified cadres are quashed and set aside – All SSC officers in Education, Law and Logistics cadres presently in service to be considered for the grant of PCs – Women SSC officers of Air Traffic Controller (ATC) cadre in Annie Nagaraja’s case not entitled to consideration for the grant of PCs – As a one-time measure, SSC officers in ATC cadre are entitled to pensionary benefits– Respondent nos.2 to 6, in addition to the grant of pensionary benefits, entitled to compensation of Rs. 25 lakhs each – SSC officers in ATC cadre in Priya Khurana’s case inducted in pursuance of specific representation in the advertisements that they would be considered for the grant of PCs, to be considered in terms as 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. [2020] 10 S.C.R. 433 433 A B C D E F G H 434 SUPREME COURT REPORTS [2020] 10 S.C.R. Naval Ceremonial, Conditions of Service and Miscellaneous Regulations 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 of suitability, and a recommendation of the Chief of Naval Staff. Naval Ceremonial, Conditions of Service and Miscellaneous Regulations 1963 – Regulations 122 (14) and 203 – Comparison between – Discussed. Notification dated 09.10.1991 was issued by Union of India making women eligible for appointment as officers of Indian Navy in three cadres/branches. On 1 July 1992, the intake of thirty- five officers on SSCs was sanctioned in the ATC cadre stipulating that no PCs would be granted (for both men and women) in the ATC cadre. In 1998, the stipulation on the tenure of seven years was extended to ten years and to fourteen years in 2002. Notification dated 06.11.1998 made women eligible for appointment as officers of Indian Navy in all branches. The policy decision dated 25.02.1999 (referring to the two earlier letters dated 20.12.1991) granted PCs to all SSC officers including women in accordance with Regulation 203, 1963 Regulations. Further, another policy decision dated 26.09.2008 granted PCs to SSC officers in all three branches of Armed Forces. However, it was restricted to certain categories and operated prospectively for future batches inducted on SSCs after January 2009. Implementation guidelines issued for selecting SSC officers for grant of PCs in the Navy were also prospective and restricted to specified cadres. In Annie Nagaraja’s case, seventeen women SSC officers (inducted between 1992 and 2001) before the Delhi High Court challenged not being considered for the grant of PCs despite completing fourteen years of service. High Court inter alia directed offering of PCs to SSC officers who had opted for but were not granted PCs and had not retired at the time of the filing of the writ petitions. Reinstatement was directed for petitioners who had attained the age of superannuation prior to the filing of writ petitions, subject to the decision of Supreme Court in Babita Puniya case which was pending. In Priya Khurana’s case, Armed Forces Tribunal (AFT) in a batch of six Original Applications (OAs) by seven SSC officers inter alia declared the policy letter dated 26.09.2008 as invalid and directed reconsideration of the requests for the grant of PC
Excerpt shown. Read the full judgment & AI analysis in Lexace.