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SC stays Navy order on release of woman officer, disregarding permanent commission claim

New Delhi (ILNS): The Supreme Court on Thursday stayed the release order issued by the Navy to a woman officer without considering her claim for a permanent commission.

The bench comprising Justices DY Chandrachud, Indu Malhotra and Indira Banerjee was hearing a plea filed by Lt Cdr Harmeet Kaur who submitted that a notification was issued which stated that the SSC recruits would be considered for Permanent Commission and that she was recruited as a Short Service Commission Officer on the basis of the same notification.

However the Navy issued a letter stating that she will be released from service from November 20 while the petitioner’s plea was pending before the Armed Forces Tribunal.

The petitioner had contented before the bench that her case was covered by the Supreme Court’s March 17, 2020 Judgement in Union of India & Ors. V. Lt. Cdr. Annie Nagaraja & Ors where the statutory bar on the engagement or enrolment of women in the Indian Navy has been lifted to the extent envisaged in the notifications issued by the Union Government on 9 October 1991 and 6 November 1998 under Section 9(2) of the 1957 Act.

Also Read: SC quashes Bihar Administrative Service order on employee, done without hearing

In Annie Nagaraja’s case, the bench comprising of Justice DY Chandrachud and Hemant Gupta gave a remarkable judgement  where the period of service after which women SSC officers shall be entitled to submit applications for the grant of Permanent Commission shall be the same as their male counterparts.

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