NEW DELHI: The Supreme Court directed the government and the Indian Air Force (IAF) not to release Wing Commander Nikita Pandey from service, after she alleged discrimination in being denied permanent commission despite her critical role in Operation Balakot and Operation Sindoor. Noting a "tough life" for Short Service Commission (SSC) officers, the bench in "layman's suggestion" said its "uncertainty may not be good for the armed forces."
A bench of Justices Surya Kant and N Kotiswar Singh issued notice to the Centre and the IAF on Thursday, seeking their response on Pandey’s plea, news agency PTI reported. She claimed that although she ranked second in the country among expert fighter controllers and had served over 13.5 years, she was being discharged due to a 2019 policy change that denied her a permanent commission.
“Our Air Force is one of the best organisations in the world. Officers are very commendable. The quality of coordination they have exhibited - I think it's unparalleled. Therefore, we always salute them. They are a big asset for the nation. They are the nation, in a way. Because of them, we are able to sleep at night,” Justice Kant said.
The bench expressed concern over the uncertainty faced by SSC officers, stating that a long tenure without permanent commission needed to be addressed.
“That sense of uncertainty may not be good for the armed forces. It's a layman's suggestion, because we are not experts. On minimum benchmarks, there can't be a compromise,” Justice Kant added.
Representing Pandey, senior advocate Menaka Guruswamy argued that her client was an expert fighter controller, who had played a key role in the Integrated Air Command and Control Systems (IACCS) deployed during Operations Sindoor and Balakot.
Pandey’s case, Guruswamy said, was affected by policy shifts that gave her just a month’s notice to end her career despite her stellar service record.
Appearing for the government and the IAF, additional solicitor General Aishwarya Bhati said that the officer had been found unfit by the selection board and had approached the apex court directly without first filing a representation. She also confirmed that a second selection board would now review Pandey’s case.
Bhati, herself from a military background, acknowledged the difficult position of SSC officers but explained, “There are a limited number of posts. It's a very steep pyramid structure.”
She noted that typically, 90–95 per cent of officers considered for permanent commission are found fit, but only a few miss out due to comparative merit.
Justice Kant responded, urging a more accommodating approach, “You can have a policy of taking that many SCC officers who can be accommodated in the Permanent Commission, if they are found suitable. If you have 100 SCC officers, you should have the capacity to take 100 of them to the permanent commission.”
He also emphasised that women officers have performed exceedingly well and highlighted the need for systemic capacity to retain them.
The court directed that Wing Commander Pandey must not be released from service until further orders and posted the matter for hearing on August 6.
However, the bench clarified that no equity would be created in the officer’s favour at this stage and that all contentions remain open.
A bench of Justices Surya Kant and N Kotiswar Singh issued notice to the Centre and the IAF on Thursday, seeking their response on Pandey’s plea, news agency PTI reported. She claimed that although she ranked second in the country among expert fighter controllers and had served over 13.5 years, she was being discharged due to a 2019 policy change that denied her a permanent commission.
“Our Air Force is one of the best organisations in the world. Officers are very commendable. The quality of coordination they have exhibited - I think it's unparalleled. Therefore, we always salute them. They are a big asset for the nation. They are the nation, in a way. Because of them, we are able to sleep at night,” Justice Kant said.
The bench expressed concern over the uncertainty faced by SSC officers, stating that a long tenure without permanent commission needed to be addressed.
“That sense of uncertainty may not be good for the armed forces. It's a layman's suggestion, because we are not experts. On minimum benchmarks, there can't be a compromise,” Justice Kant added.
Representing Pandey, senior advocate Menaka Guruswamy argued that her client was an expert fighter controller, who had played a key role in the Integrated Air Command and Control Systems (IACCS) deployed during Operations Sindoor and Balakot.
Pandey’s case, Guruswamy said, was affected by policy shifts that gave her just a month’s notice to end her career despite her stellar service record.
Appearing for the government and the IAF, additional solicitor General Aishwarya Bhati said that the officer had been found unfit by the selection board and had approached the apex court directly without first filing a representation. She also confirmed that a second selection board would now review Pandey’s case.
Bhati, herself from a military background, acknowledged the difficult position of SSC officers but explained, “There are a limited number of posts. It's a very steep pyramid structure.”
She noted that typically, 90–95 per cent of officers considered for permanent commission are found fit, but only a few miss out due to comparative merit.
Justice Kant responded, urging a more accommodating approach, “You can have a policy of taking that many SCC officers who can be accommodated in the Permanent Commission, if they are found suitable. If you have 100 SCC officers, you should have the capacity to take 100 of them to the permanent commission.”
He also emphasised that women officers have performed exceedingly well and highlighted the need for systemic capacity to retain them.
The court directed that Wing Commander Pandey must not be released from service until further orders and posted the matter for hearing on August 6.
However, the bench clarified that no equity would be created in the officer’s favour at this stage and that all contentions remain open.
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