The Supreme Court on Thursday directed the Centre and the Indian Air Force (IAF) not to release Wing Commander Nikita Pandey from service, a decorated woman officer who was involved in both Operation Balakot and the recently launched Operation Sindoor. The officer has approached the court after being denied permanent commission despite her exemplary service record.
A bench comprising Justices Surya Kant and N. Kotiswar Singh issued notice to the Centre and the IAF, seeking their response to Pandey’s petition, which alleges gender-based discrimination in the denial of permanent commission (PC) to her.
Describing the IAF as one of the most professional and commendable forces in the world, Justice Kant praised its officers, stating, “Our Air Force is one of the best organisations in the world. Officers are very commendable. The quality of coordination they exhibit is unparalleled. They are a big asset to the nation.”
The bench expressed concern over the uncertainty faced by Short Service Commission (SSC) officers like Wing Commander Pandey, particularly after a decade or more of dedicated service. “That sense of uncertainty may not be good for the Armed Forces... There should be some incentive after 10 or 15 years,” Justice Kant said, while emphasising that although the court is not an expert in policy matters, minimum benchmarks must not be compromised.
Senior advocate Menaka Guruswamy, representing Wing Commander Pandey, argued that the officer is among the top expert fighter controllers in India and has served over 13.5 years in the IAF. She played a key role in the Integrated Air Command and Control System (IACCS), which was operational during both Operation Sindoor and Operation Balakot.
Guruswamy told the court that her client was affected by a 2019 policy that excluded her from consideration for permanent commission, effectively requiring her to leave service within a month. She added that Pandey had ranked second nationally among expert air fighter controllers.
Appearing for the Centre and IAF, Additional Solicitor General Aishwarya Bhati acknowledged the challenges faced by officers in Pandey’s position. Bhati, who hails from an armed forces family herself, said the officer had been found unfit by the selection board and that she had approached the Supreme Court directly without submitting a formal representation.
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However, Bhati informed the court that a second selection board would be reviewing Pandey’s case. She further emphasized that there were no objections to Pandey continuing in service for now.
Bhati explained the IAF operates on a "steep pyramidal structure," where after 14 years of service, some officers must exit to make way for younger recruits. She added that the limitation was not on individual merit, but rather on comparative merit due to restricted availability of posts. “Normally, 90-95 per cent of officers are found fit, but some lose out only due to comparative merit,” she said.
Justice Kant suggested that the armed forces should evolve policies to accommodate all capable SSC officers into the permanent cadre, particularly when many women officers are performing outstandingly. “You can have a policy of taking that many SSC officers, who can be accommodated in the Permanent Commission, if they are found suitable. If you have 100 SSC officers, you should have the capacity to take 100 of them to the permanent commission,” he said.
The bench also noted that the current inter se competition among officers arises only because many are recruited under SSC without long-term clarity, which creates avoidable uncertainty in the ranks. Granting interim relief, the court directed that Wing Commander Pandey should not be released from service until further orders. However, it clarified that no equity would be created in her favour at this stage, and all legal contentions remain open for future adjudication.
The court scheduled the next hearing for August 6, when the Centre and the IAF are expected to file detailed responses on the matter.
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