
SC Directs IAF Not To Release Officer Part Of Op Sindoor Who Was Denied Permanent Commission
Wing Commander Nikita Pandey had alleged discrimination for being denied permanent commission in the Air Force. The matter will be taken up on August 6.
The Supreme Court on Thursday directed the Central government and the Indian Air Force (IAF) not to release a woman officer from service, who was part of Operation Balakot in 2019 and Operation Sindoor, but was denied permanent commission.
A bench of Justices Surya Kant and NK Singh sought responses from the Centre and IAF while hearing a plea from Wing Commander Nikita Pandey, who alleged discrimination for being denied permanent commission.
The bench noted that a 'tough life" for Short Service Commission (SSC) officers began following their recruitment, which called for some incentive after 10 or 15 years to grant them permanent commission. Justice Kant hailed the Air Force as one of the best organisations in the world and an asset to the nation, but said the uncertainty may hurt the force.
'That sense of uncertainty may not be good for the Armed Forces. It's a layman's suggestion, because we are not experts. On minimum benchmarks, there can't be a compromise," he said.
Who Is Wing Commander Nikita Pandey?
Senior advocate Menaka Guruswamy, representing Wing Commander Pandey, said her client was an expert fighter controller, who participated as an expert in the Integrated Air Command and Control Systems (IACCS), which were deployed in Operation Sindoor and Operation Balakot.
Pandey had served over 13.5 years in service but was impacted by a 2019 policy that denied her permanent commission and forced her to conclude her service after a month. She ranked second in the merit list of expert air fighter controllers in India, her counsel said.
Additional Solicitor General Aishwarya Bhati, appearing for the Centre and the IAF, told the court that the petitioner was found unfit by the selection board. She said the officer directly moved the apex court without filing any representation and informed the bench that a second selection board would be considering her case.
The Supreme Court has directed that Wing Commander Pandey remain in service until further notice, adjourning the matter to August 6. However, it clarified that this interim relief would not grant her any legal advantage, and all issues in the case will remain open for consideration.
Bhati said a 'steep pyramidal structure" was followed by the IAF, which requires that certain officers go out of the service after serving 14 years and new officers come in their place. Justice Kant told Bhati that the armed forces should have the capacity to accommodate all SSC officers in the permanent commission, highlighting that women officers performed exceedingly well.
First Published:
May 23, 2025, 12:27 IST
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