The Supreme Court on Wednesday told the Centre to review within two weeks its arbitrary denial of permanent commission to a woman Coast GTuard officer, observing that the lack of gender-friendly infrastructure cannot be a ground to “humiliate” a meritorious officer.
She has continuously been serving with you for so many years. The court on Wednesday was hearing a petition filed by Commandant Priyanka Tyagi, who joined as a short service appointment (SSA) officer in 2009. She clocked 17 years of service after the top court in April 2024 permitted her to continue in service beyond the 14-year service stipulation under Short Service Commission (SSC). This option was available to women officers since 1998 but was abruptly closed in 2009, just before Tyagi joined. Since 2021, she has been applying and even recommended by her superior officers.
Attorney General (AG) R Venkataramani, representing the Centre, told the court that a major policy decision taken last month now permits permanent commission for women officers. The bench, also comprising justices Joymalya Bagchi and V Mohana, told the AG, “Can you deny permanent commission only on the ground that you do not have a policy. She is excellent on merit and till today, you are not coming forward with an offer of permanent commission for her.”
“Don’t you have permanent commission for men. Let us not go into this hypertechnical objection that she did not apply as it wont work. What else can be the reason to deny women other than the fact that you have infrastructure only for men…it is a case of arbitrary denial,” the bench observed. Advocate Siddhant Sharma, appearing for Tyagi, informed the court that if she applies afresh under the new policy, she will be rejected as the policy requires officers to undertake several tests which are meant to be taken by officers after the 8th year of SSA. Instead of asking her to apply afresh, just absorb her. Do these facts not merit a more enlarged consideration by you.”
“What about men?,” the court asked. The court told the Attorney General, “Her prayer may not be in sync with your policy but she has been promoted and even recommended for permanent commission by her superiors.
