recording an undertaking to this effect from Solicitor-General Gopal Subramaniam, stayed the contempt proceedings initiated by the Delhi High Court against the Army for not implementing its order while implementing the same in the Air Force.
The Solicitor-General submitted that women officers in the Short Service Commission (SSC) would be considered for permanent commission in the Judge Advocate-General and educational branches of the Army. He said that though the earlier circular made it retrospective, the government was now making it
for serving officers as well. The SG added that the case of Major Lina Gurung, an SSC officer who is
retiring in August, would be considered on priority, subject to the requirements.
The Bench told the SG that to decide the issue, the government should file an additional affidavit on the nature of duties that could be assigned to SSC officers on getting permanent commission. The Bench was hearing an appeal from the Army against a Delhi High Court judgment directing it to grant permanent commission to women officers serving in the Army.
The government took the stand that under Section 12 of the Army Act 1950, women officers were not entitled for permanent commission, and such a rule was not in breach of Article 14 of the Constitution since it was protected by Article 33. It said that if permanent commission was given to women officers, it would have an impact on the disciplinary structure in the Army.
Source - THE HINDU
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