SC slams army for forcing officer to litigate, grants permanent posting

NEW DELHI: The Supreme Court on Monday took a firm stance against the Indian Army for compelling officers to seek judicial intervention for relief they are entitled to, emphasizing that such practices undermine fairness and equity in service matters.

- Utkarsh Anand

A bench of justices Bhushan R Gavai and KV Viswanathan made the observations while directing the Army to grant permanent commission to Lieutenant Colonel Suprita Chandel, who had been denied the opportunity to appear for a departmental examination due to a regulatory amendment in 2013. The court criticized the Army for failing to extend the benefits of an earlier judicial ruling to similarly situated officers, stating: "What is sauce for the goose ought to be sauce for the gander."

The court held that Chandel was wrongly excluded from consideration when other officers in identical circumstances were granted permanent commission following a 2014 decision by the Armed Forces Tribunal (AFT). Referring to established precedents, the bench asserted: "It is a well-settled principle of law that when a declaration of law is made in favour of a litigant, others similarly situated must be extended the benefit without needing to approach the court."