The Supreme Court has put a hold on the release of Wing Commander Niketa Pandey, a woman officer of the Indian Air Force (IAF) who served in Operation Sindoor, highlighting the ongoing uncertainty faced by armed forces personnel about permanent absorption after completing 10 years of service. Niketa Pandey, who joined the IAF through the Short Service Commission (SSC) in 2011, had her service extended till June 2025. Her plea for a stay on her release was heard as she awaits consideration by the special selection board for permanent commission—a status that remains unclear for many SSC officers, particularly women.
Uncertainty Around Permanent Commission for SSC Officers
The court expressed concern over the lack of a clear policy on permanent commission for SSC officers, pointing out the resulting uncertainty and competition that affects morale. Wing Commander Niketa Pandey’s case is notable as she is the first IAF SSC officer to receive a Supreme Court stay on release. Earlier, the court had also stayed the release of over 50 Army women officers serving under SSC who were similarly awaiting permanent commission decisions. The bench, led by Justice Surya Kant, emphasized that SSC officers are valuable assets and questioned why a transparent policy ensuring permanent commission for eligible SSC officers had not yet been formulated by the government.
The bench also observed that the absence of guaranteed permanent commission leads to unnecessary inter-se competition among officers completing 10 years of service. They suggested the government consider limiting the number of SSC officers recruited to match the number who can be absorbed permanently, though not all may qualify. This approach could reduce unhealthy rivalry and uncertainty.
IAF’s Stand and Petitioner’s Arguments
The Additional Solicitor General (ASG) Aishwarya Bhati argued that the IAF requires younger officers and highlighted that unlike the Army, which only granted women parity in permanent commissions following a 2020 Supreme Court ruling, the IAF had introduced this provision a decade earlier. She noted that Wing Commander Niketa Pandey had been evaluated by two selection boards and found unsuitable for permanent commission.
Niketa Pandey, represented by senior advocate Menaka Guruswamy, contested this, pointing out her crucial role in strategic operations like Sindoor and Balakot. She emphasized the gender inequality faced by women SSC officers, who unlike men, do not have the option of permanent commission at the time of induction. Niketa Pandey underscored that given the modernization and evolving roles within the IAF, denying permanent commission based solely on gender contradicts principles of equality and previous court rulings.
Having undergone extensive training as a Fighter Controller, Niketa Pandey has one final opportunity to be evaluated by a third selection board. However, her plea expressed concern that the process might be rushed, risking a fair chance for her to secure permanent commission.
This case sheds light on the broader issue of policy clarity regarding career progression for women officers in the armed forces, a matter the Supreme Court appears keen to see resolved promptly.
