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Supreme Court of India 2024-12-09 allowed

LT. COL. SUPRITA CHANDEL vs UNION OF INDIA AND ORS

Bench: 2 — B.R. Gavai, K.V. Viswanathan

In Brief

Lt. Col. Suprita Chandel, an SSC officer in the Army Dental Corps commissioned in 2008, was denied her third attempt at permanent commission after a 2013 policy amendment raised the age limit and deleted earlier relaxation provisions. Other officers in identical circumstances successfully challenged this before the AFT Principal Bench and obtained permanent commission. The Registrar wrongly excluded the appellant since she was on maternity leave during the earlier litigation. The Supreme Court held that similarly situated persons must receive equal treatment without separate litigation, absent express judicial prohibition. Finding the appellant identically situated and her service record unblemished, the Court invoked Article 142 to grant permanent commission with effect from the date others received it, with full consequential benefits and arrears.

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Military Law Administrative Law Discrimination Constitutional Law - Article 142 Service Matters Parity of Treatment Gender and Defence Services

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