On 4th August, the Supreme Court stayed a Delhi High Court Order. This Order was on the discharge of short service commission of women navy officers. The officers were due to retire on 6th August.
Brief Facts of the Case
The short service commission officers claimed interim relief from discharge from naval service. Owing to their short service commission, they were awaiting permanent commission on merits. On 13th July, the Armed Forces Tribunal denied interim relief to the Petitioners.
Moreover, on 23rd July, the Delhi High Court refused to stay the Armed Forces Tribunal Order.
The Supreme Court heard the Petition filed against the Delhi High Court order. Rupali Rohatgi filed the Petition. The Plea was to restrain the Union of India from discharging the Petitioners. This could not happen until consideration of their permanent commission on merits.
Arguments before the Court
Mr Santosh Krishnan appeared on behalf of the Petitioners. He argued that the Respondent failed to follow the Supreme Court’s decision dated March 17, 2020. The decision mandates the consideration of permanent commission within three months.
ASG Sanjay Jain appeared on behalf of the Union. He filled an application for extension of time, owing to the pandemic and lockdown.
Mr Santosh Krishnan responded to the above submission. He argued that vacancy in the listing of cases happened due to the impugned Delhi High Court Order. This happened even where the Armed Forces Tribunal passed Orders.
The Court observed that the Union, prima facie, has flouted its decision dated 17th March 2020. The Bench comprising Justice DY Chandrachud and KM Joseph issued an ad-interim order. It stayed the Petitioners discharge, pending consideration of permanent commission on merits.
Moreover, the Bench stayed the Orders of the Delhi High Court and Armed Forces Tribunal.
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