20 years of service recognised: Retired woman IAF officer wins 15-year legal battle for pension as AFT alters ruling

The Armed Forces Tribunal (AFT), Chandigarh Bench at Chandimandir in Panchkula, has directed the Union government to treat retired Indian Air Force officer Wing Commander Namrita Chandi as having completed 20 years of pensionable service, making her eligible for pension and other retirement benefits.

The tribunal ruled that Chandi, who served in the Indian Air Force (IAF) under the Short Service Commission (SSC), would be entitled to pensionary benefits applicable to an officer completing 20 years of qualifying service.

According to a report in The Tribune, the bench modified its earlier 2015 judgment and directed that her pension should be granted with effect from the day following the completion of 20 years of service.

Wing Commander Chandi received her Short Service Commission in the Indian Air Force in 1996 for an initial tenure of 10 years.

Before completing the tenure, she applied for Permanent Commission (PC). However, instead of granting her Permanent Commission, the Air Force authorities offered her a five-year extension.

Her request was rejected on the grounds that the applicable rules did not provide for Permanent Commission to Short Service Commission officers in the flying branch. She subsequently retired from service in 2011.

Chandi challenged the denial of Permanent Commission by filing a writ petition before the Delhi High Court in 2011. The matter was transferred to the Principal Bench of the Armed Forces Tribunal in 2014.

In 2015, the tribunal allowed her petition along with several other cases, relying on the Delhi High Court's judgment in Babita Puniya and Others Vs. The Secretary and Another.

The Union government challenged the decision before the Supreme Court, but its appeal was dismissed in 2019.

Following a legal notice from Chandi, the Air Force authorities informed her that the competent authority had decided to examine her suitability for Permanent Commission.

An independent board of officers was constituted, and she was asked to undergo a medical examination on July 22, 2020, if she was willing to accept the offer.

However, Chandi objected to being assessed under the selection criteria prescribed in the 2004 and 2010 policies, particularly as she had been out of service for nearly nine years.

Representing Chandi, advocate Sandeep Bansal argued that she was entitled to pension and other retirement benefits applicable to officers who had completed 20 years of pensionable service.

He sought modification of the tribunal's 2015 order, relying on Supreme Court decisions concerning Permanent Commission for women officers in the Army and Navy, including Babita Puniya and Lt Cdr Annie Nagaraja and Others.

The bench, comprising Justice Sudhir Mittal and Lieutenant General (Dr) Ranbir Singh (retd), rejected the Union government's request for an adjournment on the ground that the paper book was unavailable. It observed that the Supreme Court's relevant orders were already well known.

The tribunal clarified that the benefit was intended for officers who had approached the Supreme Court and retired during the intervening period.

Referring specifically to the Lt Cdr Annie Nagaraja judgment, the bench noted the Supreme Court's direction that women officers who had been denied consideration for Permanent Commission and were no longer in service should be deemed to have completed the requisite substantive pensionable service.

Modifying its 2015 judgment, the AFT directed that Wing Commander Chandi be treated as having completed 20 years of pensionable service.

It ordered that she be granted pension from the day immediately following the completion of 20 years of service, along with all other retiral benefits admissible to an officer completing the prescribed pensionable service.

The ruling provides her relief after a prolonged legal battle over Permanent Commission and the pensionary benefits arising from her service in the Indian Air Force.

Catch all the Instant Personal Loan, Business Loan, Business News, Money news, Breaking News Events and Latest News Updates on Live Mint. Download The Mint News App to get Daily Market Updates.

HomeMoneyPersonal Finance20 years of service recognised: Retired woman IAF officer wins 15-year legal battle for pension as AFT alters ruling

✕

Wait for it…

Oops! Looks like you have exceeded the limit to bookmark the image. Remove some to bookmark this image.