The Supreme Court has halted the release of women officers in service under 'Operation Sindoor' till the next date of hearing in a gravity-laden matter. The Court noted that the current national security environment required worthy experienced officers to be retained and to keep up their morale.
Supreme Court’s Interim Relief for Women Officers
- After hearing submissions in a matter bearing the name Lt. Col. Pooja Pal and Ors. vs Union of India and Ors. (C.A. No. 9747-9757/2024 and connected cases), the division bench, comprising Justice Surya Kant and Justice N Kotiswar Singh, had passed an interim order which reads as follows:
- "Without creating any equity in their favour, it is directed that all officers-in-service be not relieved till the next date."
- This interim direction provides a sigh of relief to hundreds of Women Short Service Commission (SSC) Officers who were due to be released from service.
Justice Kant Backs the Army, Calls for High Morale
- Justice Surya Kant emphasized that the Indian Army must be supported in difficult times in view of the increased tensions between India and Pakistan after the recent Pahalgam terror attack. The country has to stand with its forces and not pull engrossed officers into legal battles.
- “This is not the time we keep these people running around in the Supreme Court and courtrooms... there is some better place now for them to perform... As on date, we would like their morale to be kept high and high like anything,” he said while addressing Additional Solicitor General (ASG) Aishwarya Bhati, who was appearing for the Union Government.
- The officer recognition from the court, and his praise for their dedication and sacrifice in extreme circumstances.
Case of Lt. Col. Geeta Sharma Highlighted
- The proceeding also brought to center stage the specific case of Lt. Col. Geeta Sharma, a Woman SSC Officer. Senior Advocate Menaka Guruswamy, appearing for her, informed the Court that the officer was relieved from her post, though not dismissed. She prayed that the Court may permit Sharma to serve.
- Guruswamy went on to emphasize how judicial intervention had allowed women officers to serve in the past. One such example she gave was that of Colonel Sofiya Qureshi, who recently undertook a press briefing on ‘Operation Sindoor’. She argued that Col. Qureshi’
Government’s Stand on Lt. Col. Sharma’s Service Tenure
- ASG Aishwarya Bhati lauded Lt. Col. Sharma's contributions, stating that she has served with distinction since 2011. The ASG further clarified that Lt. Col. Sharma was actually considered for PC in 2020 but was not found fit by the Selection Board. After this, she was actually given an extension for four years that expires in 2024. It was posting this that Sharma moved to the Armed Forces Tribunal but has since been released from duty.
- It was further pointed out by Ms. Bhati that the Army rules provide terminal leave benefits only on after the formal discharge in service on completion of 14 years.
Court Asserts Need for Experience and Mentorship in Armed Forces
- In response to the ASG's submission that the Army's steep pyramidical structure witnesses a constant churn of young officers, Justice Kant strongly underscored the need to retain experienced persons in the forces. The judge stressed the necessity of maintaining an equilibrium between young and senior officers.
Supreme Court’s Final Direction and What Lies Ahead
- The Court, at the end of the hearing, stayed the release of all in-service women officers falling within the ambit of dragged litigation so that their services continue to be expensed until the matter is finally heard and decided.
- This interim relief is reflective of the judiciary acknowledging the evolved roles of women in armed forces and the importance of retaining able officers during times of national need.
Legal Representation
- For Petitioners: Senior Advocate Menaka Guruswamy and Advocate-on-Record Amrita Panda
- For Union of India: Additional Solicitor General Aishwarya Bhati
Looking Forward
The Court has made it clear that the final decision will be based on legal merit. However, the present stay indicates the Court’s sensitivity toward national interest, gender equity, and the urgent need to support the Armed Forces during critical operations like ‘Operation Sindoor’.
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