Lt. Col. Suprita Chandel vs Union of India
Background
The appellant, a woman Short Service Commissioned Officer in the Army Dental Corps commissioned in 2008, was denied a Permanent Commission by the Armed Forces Tribunal, which refused to extend to her the same relief granted to similarly situated officers in an earlier 2014 Tribunal judgment. She argued she had been discriminated against despite being identically placed to those who benefited earlier. The appellant had continued in service for years, including receiving an extension and an Army Chief's Commendation Card, while her case remained unresolved.
Decision Breakdown
The Supreme Court found that the appellant had made out a clear case of discrimination, having been wrongly excluded from consideration when other similarly situated officers were granted Permanent Commission. The Court declined to dismiss her claim merely on the ground of delay in approaching the courts, given the special facts including a period of Covid-19 disruption, and noted her distinguished and continuous eleven years of service. Exercising its power under Article 142 of the Constitution, the Court directed that she be granted Permanent Commission with effect from the same date as the officers who benefited from the 2014 judgment, along with all consequential benefits like seniority, promotion and arrears, to be implemented within four weeks.
Lesson Learnt
Courts can look past procedural delays where a genuine and continuing case of discrimination is shown, and can use extraordinary constitutional powers to ensure that similarly situated employees, especially women facing unequal treatment in service matters, receive equal benefits, even years after the original decision that should have covered them.