Supreme Court Questions Longevity Of Freebies, Stresses Job Creation For Migrant Workers

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  • Supreme Court Questions Longevity Of Freebies, Stresses Job Creation For Migrant Workers
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  • 13 Dec, 2024

Supreme Court Upholds Equality: Grants Permanent Commission to Lt. Col. Suprita Chandel
 
In a landmark ruling, the Supreme Court of India reinforced the principle that individuals in similar situations should not be forced to initiate separate legal proceedings for the same benefits already granted by the courts. The judgment, delivered in favor of Lt. Col. Suprita Chandel, ended her decade-long legal battle, granting her Permanent Commission in the Army Dental Corps (ADC) along with all associated benefits.
 
The Case at a Glance
Lt. Col. Chandel, commissioned as a Short Service Commissioned (SSC) officer in 2008, faced hurdles due to a 2013 policy change that reduced eligibility for Permanent Commission. While a group of officers successfully challenged the policy and secured relief through the Armed Forces Tribunal (AFT), Chandel, who was on maternity leave, was excluded as she was not part of that case.
 
Despite multiple appeals to the government and the AFT, her pleas were denied, leaving her with no option but to approach the Supreme Court.
 
Supreme Court Observations
A bench comprising Justice K.V. Viswanathan and Justice B.R. Gavai ruled in her favor, addressing three key issues:
 
1. Extending Parity: The court held that judicial relief granted to one group must be extended to all similarly situated individuals to prevent discrimination and undue hardship.
 
 
2. Equality Before the Law: Denying benefits to Chandel solely because she wasn’t part of the original case violated the principle of equality.
 
 
3. Government Responsibility: The court criticized the government’s rigid stance, emphasizing that administrative fairness requires extending relief without forcing individuals into unnecessary litigation.
 
 
 
A Strong Stand on Justice
The court underscored that justice delayed by administrative roadblocks should not deny individuals their rights. It cited past rulings to affirm that judicial decisions addressing systemic issues must apply universally.
 
Final Verdict
The Supreme Court invoked Article 142 to ensure complete justice, directing the government to:
 
Grant Lt. Col. Chandel Permanent Commission from the same date as her peers who benefited from the 2014 AFT judgment.
 
Provide her seniority, promotions, and monetary arrears reflecting her rightful service position.
 
Complete implementation within four weeks.
 
 
This judgment not only marks a personal victory for Lt. Col. Chandel but also establishes a critical precedent for fairness and equality in service conditions, reinforcing the judiciary’s role as a guardian of justice.
 
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