In a major development for women officers in the Indian Air Force (IAF) and a crucial landmark for permanent commission policies, the Supreme Court has finally stepped in the case of Wing Commander Nikita Pandey. The court on Thursday directed the Centre and the IAF to put a stop to her release from service, highlighting the need to address the difficulties faced by Short Service Commission (SSC) officers regarding their long-term careers in the armed forces.
Wing Commander Nikita Pandey, a reputed officer who played a very important role as an expert fighter controller in major operations like Operation Balakot and Operation Sindoor, had gone to the Supreme Court after being rejected for a permanent commission. She claims discrimination, highlighting that a 2019 policy change had a great impact on her prospects despite her wonderful service of over 13.5 years and her ranking second in the merit list of expert air fighter controllers in the country.
Appearing for Pandey, Senior Advocate Menaka Guruswamy argued that the officer was required to put a stop to her service within a month due to the refusal of the permanent commission. The plea highlighted the disparity, underlining the fact that while women officers have been introduced into the IAF since 1992, the initial option for them has primarily been through SSC, not like their male counterparts who have both SSC and permanent commission options.
The Supreme Court bench, consisting of Justices Surya Kant and N Kotiswar Singh, expressed strong point during the hearing. They praised the Indian Air Force as “one of the best organisations in the world” with “commendable officers” and questioned how uncertainty over career progression could be beneficial for such a professional force.
“That sense of uncertainty may not be good for the Armed Forces,” Justice Surya Kant said, suggesting that if the IAF recruits a certain number of SSC officers, it should have the capacity to retain them into permanent commission if they meet the required criteria. He stated that the “steep pyramidal structure” cited by the IAF, where officers exit after 14 years to keep the force young, should be balanced with opportunities for deserving personnel.
The Additional Solicitor General, Aishwarya Bhati, representing the Centre and the IAF, submitted that while they had no objection to capable officers continuing service, Pandey was found “unfit” by the selection board. She also informed the court that a second selection board would be considering her case and that Pandey had moved the apex court directly without filing a prior representation.
The Supreme Court, however, has stayed Pandey’s release from service until further orders and has scheduled the next hearing for August 6. While granting this interim relief, the court clarified that it would not create any equity in her favour, leaving all contentions open for detailed arguments.
This case has brought to the forefront the ongoing challenges faced by women officers in achieving parity in career progression within the armed forces, despite previous Supreme Court pronouncements in favor of permanent commission for women. Wing Commander Nikita Pandey’s battle for permanent commission could potentially influence policy changes and ensure a more transparent and equitable pathway for dedicated officers in the Indian Air Force.
