Normal Hierarchy Must Be Followed: SC Directs Petitioners To Move The AFT With Regards To The Claim For The Grant Of PC

Case Background

• Several individuals, working as naval officers, have filed various petitions against their claim for Permanent Commission. They had also sought pensionary benefits as an alternate measure.
• The petitioners relied on Annie Nagaraja v. Union of India in which case the Court directed the Navy Force to look into matters of granting Permanent Commission for women SSC officers.
• It also placed reliance on the Lt. Col. Nitisha case wherein the evaluation criteria adopted by the Indian Army to grant permanent commission for women SSC officers was struck down for being irrational and arbitrary.

Court’s Order

• The Court refused to analyse the merits of the case, and relegated the duty of hearing the matter to the Armed Forces Tribunal.
• The Armed Forces Tribunal has been directed to consolidate all the petitions in this regard and dispose of them on or before 31st October 2021.
• However, the Bench also gave hope to the petitioners to approach the Top Court in case of any controversial decisions by the Armed Forces Tribunal.

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