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Supreme Court of India 2024-02-26 disposed

Cdr Seema Chaudhary vs Union of India and Others

Bench: 2 — Dr Dhananjaya Y Chandrachud, Hima Kohli

In Brief

Commander Seema Chaudhary, a Short Service Commission officer in the Indian Navy's Judge Advocate General's Branch recruited in 2007, was denied Permanent Commission on ground of no vacancies. The Supreme Court recalled its previous order and held that her case must be considered afresh by a Selection Board on a standalone basis, uninfluenced by previous rejections or directions from the Armed Forces Tribunal requiring consideration with officers from later batches. The Court clarified that proportional increase in vacancies could be created as a one-time measure under Article 142 of the Constitution, and that untraced Annual Confidential Reports could not be used against her. The case exemplifies enforcement of entitlements under binding earlier judgments against women officers.

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Armed Forces Law Women Officers Permanent Commission Statutory Entitlements Constitutional Law Article 142

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