उच्चतम न्यायालय ने निर्णय दिया कि जब किसी सरकारी विभाग के विरुद्ध किसी नागरिक को अदालत से कानून की घोषणा (declaration of law) प्राप्त होती है, तो समान स्थिति वाले (similarly situated) अन्य नागरिकों को भी बिना अलग से मुकदमा (litigation) किए वही लाभ प्रदान किया जाना चाहिए।
On December 09, 2024, the Supreme Court (SC) of India granted a permanent commission to a female army officer even though she had not pursued litigation. While granting her relief, the SC bench of Justice BR Gavai and Justice KV Viswanathan reiterated, “It is a well-settled principle of law that where a citizen aggrieved by an action of the government department has approached the court and obtained a declaration of law in his/her favor, others similarly situated ought to be extended the benefit without the need for them to go to court.”
While passing the order, the SC bench considered the decisions in the Amrit Lal Berry vs. Collector of Central Excise, New Delhi and Others and K.I. Shephard and Others vs. Union of India and Others case. In the K.I. Shephard case, the bench held, “...Some of the excluded employees have not come to court. There is no justification to penalize them for not having litigated. They too shall be entitled to the same benefits as the petitioners…”
Following this, the SC said, “No doubt, in exceptional cases where the court has expressly prohibited the extension of the benefit to those who have not approached the court till then or in cases where a grievance in personam is redressed, the matter may acquire a different dimension, and the department may be justified in denying the relief to an individual who claims the extension of the benefit of the said judgment.”
To Read Full Judgment, LT. COL. SUPRITA CHANDEL vs. UNION OF INDIA AND ORS., Click Here