Permanent commission for women officers requires equal consideration, no blanket staff-posting bar, and full consequential service benefits.

Permanent commission policy for serving SSC women officers was read as applicable to all such officers, not only those with less than fourteen years of service, because the prospective wording could not justify unequal treatment among officers already serving in the notified streams. A blanket restriction confining women officers to staff appointments only was found inconsistent with equality and rationality, since criteria and command postings must depend on service exigencies, performance, suitability and organisational requirements. Women officers granted permanent commission were also held entitled to the same specialisation choices and consequential service benefits, including promotion and financial benefits, on the same terms as male SSC officers.

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Issues: (i) whether the policy decision granting permanent commission to SSC women officers applied to all serving SSC women officers irrespective of length of service; (ii) whether the restriction confining women officers to staff appointments only could be sustained; (iii) whether women officers granted permanent commission were entitled to consequential benefits and equal consideration for specialisation options.

Issue (i): whether the policy decision granting permanent commission to SSC women officers applied to all serving SSC women officers irrespective of length of service.

Analysis: The policy letter of 25 February 2019 was read in the light of the long denial of implementation of the earlier judicial directions and the absence of any stay on the High Court judgment. The Court held that the prospective nature of the policy did not confine its benefit only to officers commissioned after that date. It was also held that the distinction sought to be drawn between women officers below fourteen years of service and those above that threshold had no justification once the Union had decided to extend consideration for permanent commission to women in all ten streams in which they were serving.

Conclusion: The policy was held applicable to all serving SSC women officers irrespective of whether they had crossed fourteen years of service.

Issue (ii): whether the restriction confining women officers to staff appointments only could be sustained.

Analysis: The Court held that an absolute bar on women officers being considered for criteria or command appointments was inconsistent with equality and rationality. Whether a particular officer should receive such an appointment was said to depend on service exigencies, performance, suitability and organisational requirements, and not on a blanket exclusion based on sex. The restriction in the policy was therefore found indefensible in law and incapable of general enforcement.

Conclusion: The restriction confining women officers to staff appointments only was struck down and not enforced.

Issue (iii): whether women officers granted permanent commission were entitled to consequential benefits and equal consideration for specialisation options.

Analysis: Once permanent commission was extended, the Court held that women officers were entitled to the same process of opting for specialisation as male SSC officers and to all consequential service benefits. The Court also affirmed the earlier clarification that officers already in service or those who had approached the High Court and retired during the pendency of proceedings would not be denied the benefit merely because of delay in implementation.

Conclusion: Women officers granted permanent commission were held entitled to consequential benefits, including promotion and financial benefits, and to exercise specialisation options on the same terms as male SSC officers.

Final Conclusion: The Union's policy was accepted only after being read down and modified to ensure equal consideration of serving SSC women officers for permanent commission, without a blanket restriction to staff postings, and with full consequential service benefits.

Ratio Decidendi: Where the State extends permanent commission to women officers in a notified stream, it cannot impose a blanket sex-based exclusion from criteria or command appointments, and all serving women officers must be treated equally for consideration of commission, specialisation and consequential service benefits.

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