LegalFirms.in
LegalFirms.in Judgments · legalfirms.in/judgments/lt-col-suprita-chandel-vs-union-of-india-and-ors-20241209/ · Printed 07 Nov 2026
Civil · Reportable judgment

Lt. Col. Suprita Chandel vs Union of India and Ors.

Court
Supreme Court of India
Date
9 December 2024
Case No.
Civil Appeal No. 1943 of 2022
Result
Allowed
Bench
Bhushan Ramkrishna Gavai, K.V. Viswanathan
Citation
[2024] 12 S.C.R. 381 : 2024 INSC 942
Supreme Court Reports [2024] 12 S.C.R. 381 : 2024 INSC 942
Issue for consideration
Matter pertains to the correctness of the order passed by the Armed Forces Tribunal, dismissing the application of the Appellant seeking relief of Permanent Commissioning, granted by the AFT, Principal Bench to the applicants therein, who were identically situated officers.
Headnote

Armed Forces – Permanent Commissioning – Benefit of – Extension of benefit to similarly situated persons – AppellantShort Commissioned Officer in Army Dental Crops, denied third opportunity for permanent Commission in view of amendment in 2013 – However, the Principle Bench of the AFT holding that the applicants (identically situated officers) were denied the third chance directed consideration of their cases for permanent absorption by granting one-time age relaxation by considering them under the unamended policy – Appellant not considered because she was not part of the application – Appellant filed Original Application before the AFT, Regional Bench seeking the relief granted to the batch of similarly situated ones by AFT, Principal Bench, which attained finality– Said application dismissed – Correctness: Held: Where a citizen aggrieved by an action of the government department has approached the court and obtained a declaration of law in his/her favour, others similarly situated ought to be extended the benefit without the need for them to go to court – No doubt, in exceptional cases where the court has expressly prohibited the extension of the benefit to those who have not approached the court till then or in cases where a grievance in personam is redressed, the matter may acquire a different dimension, and the department may be justified in denying the relief to an individual who claims the extension of the benefit of the said judgment – While the AFT Principal Bench granted relief to the applicants, it did not prohibit the department from considering similarly situated persons – Appellant is entitled to parity with those applicants who succeeded before the AFT, Principal Bench – Union of India not been able to point out any valid justification as to how the applicants who obtained the benefit from the AFT, Principal Bench and batch are not identically situated with the Appellant – Accepting the stand of the Union of India would result in this Court putting its imprimatur on an unreasonable stand adopted by the authorities – If the applicants who are identically situated to the appellant were found to be eligible to be given a third chance for promotion, because they acquired eligibility before the amendment, no reason why the appellant should not be treated alike – No delay in the appellant approaching the tribunal – Appellant wrongly excluded from consideration when other similarly situated officers were considered and granted permanent commission – Since nothing adverse placed on record with regard to performance of the Appellant, in exercise of powers u/Art. 142 of the Constitution, the Appellant ought to be given Permanent Commission – Appellant’s case be taken up for grant of Permanent Commission and be extended the benefit of Permanent Commission along with the all consequential benefits with effect from the same date the similarly situated persons who obtained benefits pursuant to the judgment of the AFT, Principal Bench – Order of the AFT, Regional Bench quashed and set aside – Constitution of India – Art. 142. [Paras 10, 13, 14, 16, 17, 18, 19, 21, 23-25]

Keywords: Armed Forces Tribunal · Permanent Commissioning · Identically situated officers · Extension of benefit to similarly situated persons · Short Commissioned Officer · Army Dental Crops · Third opportunity for permanent Commission · Permanent absorption · One-time age relaxation · Delay · Non-suited

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment K.V. Viswanathan, J. 1. This appeal challenges the order of the Armed Forces Tribunal (AFT) Regional Bench, Lucknow dated 05.01.2022 in Original Application No. 241 of 2021. By the said order, the AFT dismissed the application of the appellant and declined her prayer for reliefs similar to the ones granted by the judgment dated 22.01.2014 of the AFT Principal Bench in O.A. No. 111 of 2013 and batch, to the applicants therein. The appellant claims that those applicants were identically situated with her. 2. The appellant on 10.03.2008 was commissioned as a Short Service Commissioned
Full text available to subscribers
Subscribe to access complete judgment text, daily digests, and AI-powered legal research tools. For informational and research purposes only.
View Subscription Plans →
Annual plans from ₹1,599 + GST.

This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.

All SC judgments →