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Judiciary

How can we decide posting issues of Indian Army? Supreme Court asks

By Shreya Agarwal      04 December, 2023 07:26 PM      0 Comments

NEW DELHI: Hearing a plea by a woman officer of the Indian Army who was given a different posting upon her own request, the Supreme Court expressed its reservation on interfering in postings of the Indian Army.

It was hearing a plea by a woman officer who claimed that she was being discriminated against by the Indian Army.

The female officer was given a different posting other than a regular command unit upon her request as she had a 4-year-old child and required medical and educational facilities for the kid.

The Court noted the Indian Army's submission that the woman wanted another posting instead of a regular command unit as she had a 4-year-old child and needed medical and educational facilities.

The Chief Justice of India DY Chandrachud then expressed in reply, "Then we cannot say that it (the posting) was designed to exclude you. They had given you regular command and there was no discrimination, and only after your request you were given the other option.. I am not saying you were wrong.. but how can we direct the Army to give you a different posting right now?"

Sr. Adv. Gopal Subramanium appearing for the woman officer argued that this is "practically a demotion" and that the post where the officer was originally allotted "was still vacant".

He further raised the question whether there is "a single male who is a Major and not commanding a unit?" He submitted that there was "an overwhelming discrimination at the root of the case."

However, Coloner Sarika appearing for the Indian Army submitted, "There are judgments of this Court which hold that posting management issues are an area where courts cannot interfere. The candidate was given a posting only after she stated that she wanted another posting instead of a regular Command Unit."

Taking note of submissions of both the sides, the Court said, "Earlier the officer was issued a posting to the Victor Force Signal regiment. However, her request for a medically compliant station with basic pre-primary school facility was acceded to and she was posted to the Three Armoured Brigade in a counter insurgency area. The additional affidavit filed by the military Secretary clarifies that the following decisions have been taken to bring gender parity in the Indian army."

The Court will hear the matter again on Monday.



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A wanderer, aspiring yogini and writer. Shreya is a lawyer by profession, journalist by passion. A g...Read more



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