The Supreme Court of India directed the Union of India to grant pension along with other benefits to Wing Commander Anupama Joshi, who was released from the Indian Air Force (IAF) upon completing 15 years as a Short Service Commission Woman Officer (SSCWO).

The Bench of Justice J.B. Pardiwala and Justice K.V. Viswanathan observed, “As a result, we declare that the applicant is entitled to grant of pension computed from such date that she would have completed 20 years of service i.e. completion of 20 years of service.”

Case Brief

An Appeal was filed by a Wing Commander, who was released from the Indian Air Force (IAF) upon completing 15 years as a Short Service Commission Woman Officer (SSCWO).

She sought for the relief of directing the Union Ministry of Defence to provide her with consequential pensionary benefits of her Permanent Commission, computed on the basis of completion of 20 years of service, as has been done to the other parties in the judgment of the Supreme Court in Wg. Cdr. A.U. Tayyaba (Retd.) V. Union of India (2023).

Court’s Observation

The Supreme Court noted that the Applicant was also one of the Petitioners in the Judgment rendered by the Supreme Court in Secretary, Ministry of Defence v. Babita Puniya and Others (2020), however, by the time the decision was pronounced in the Babita Puniya case, the Applicant had already completed 15 years of service and was released.

The Bench underscored, “It was brought to our notice that on completion of 15 years, she was offered permanent commission but the same was declined as by that time, the applicant had already taken up some other employment. But for the decision in Babita Puniya (supra), she would not have been entitled to pension having not completed 20 years of pensionable service.”

Thereafter, the Court noted that in its decision in the WG CDR A.U. Tayyaba case, the Apex Court extended the benefit of the Babita Puniya case to identically placed SSCWOS. The benefit was granted irrespective of the fact whether the officers had completed 20 years of service or not.

Subsequently, the Court said, “It is the case of the applicant that having completed 15 years of service, she qualifies to be deemed to have completed 20 years of service in terms of WG CDR A.U. Tayyaba (Retired) (supra) and also being one of the petitioners in Babita Puniya (supra).”

The Court held that the Short Service Commission Women Officers who are granted permanent commission in pursuance of the above directions would be entitled to all consequential benefits including promotion and other financial benefits. However, these benefits would be made available to those Officers in service or those who had moved the Delhi High Court by filing writ petitions and those who had retired during the course of the pendency of the proceedings.

Accordingly, the Court observed that the Applicant was entitled to the benefit of the judgment in WG CDR A.U. Tayyaba (Retired) case. The Court held that the Applicant was entitled to grant of pension computed from such date that she would have completed 20 years of service i.e. completion of 20 years of service.

“We direct the Union of India to undertake the necessary exercise for grant of pension with arrears including all other benefits to which the applicant is entitled to, like the benefits which have been extended to other similarly situated Officers”, the Court said.

Cause Title: WG CDR Anupama Joshi Retd V. Union of India & Ors.

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Justice J.B. PardiwalaJustice K.V. Vishwanathan

Pridhi Chopra

    Pridhi Chopra was earlier practicing as an Advocate in Delhi. She pursued B.A. (H) English from Gargi College, University of Delhi, and subsequently pursued a degree in Law.