The Supreme Court of India has stayed the release of Wing Commander Nikita Pandey, a woman officer in the Indian Air Force (IAF), who served in critical operations like Operation Sindoor and Operation Balakot, after she challenged the denial of her Permanent Commission (PC).
A bench comprising Justices Surya Kant and N. Kotiswar Singh issued the notice while clarifying that this stay is “without prejudice to the rights of the parties” and that “the order shall not create any equities in the officer’s favour.”
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Representing the officer, Senior Advocate Dr Menaka Guruswamy informed the court that Wing Commander Pandey is a highly skilled fighter controller. She played a key role in managing the Integrated Air Command and Control Systems used during both operations. Despite serving for over 13.5 years, she is now being released due to a 2019 policy, which mandates the conclusion of service for certain officers.
The advocate also pointed out that Wing Commander Pandey ranked second in the merit list among expert fighter controllers.
When asked about the denial of PC, Additional Solicitor General (ASG) Aishwarya Bhati, representing the Union Government, stated that the officer was found unfit by a selection board, although a second board would review her case.
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Justice Surya Kant remarked: “Let her continue for some time.”
ASG Bhati responded that while many officers are brilliant, the issue revolves around comparative merit. She highlighted the need to maintain a young force structure in light of the “steep pyramidical” hierarchy of the Armed Forces.
Justice Kant suggested:
“The Forces should have the capacity to accommodate all Short Service Commission (SSC) officers to PC, provided they are found suitable... If you recruit 100 SSC officers, there should be space to absorb 100 into PC.”
He emphasized that denial of PC due to inter-se merit creates unnecessary pressure, especially since women were historically denied this opportunity. He called for minimum benchmarks for PC eligibility and discouraged uncertainty in such important careers.
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He added: “Our Air Force is one of the best in the world. Officers are commendable. After recruitment, the real challenges begin—something civil servants rarely face. A sense of uncertainty is not ideal for the Armed Forces.”
ASG Bhati, who shared her personal background as a daughter of an IAF officer and daughter-in-law of an Army officer, supported the idea of maintaining a young and operationally efficient force. She also noted that many women officers have successfully received PC and continue to perform impressively.
The Supreme Court recently issued a similar interim stay for Women Army Officers being released from service and clarified that this would apply to all such officers whose cases are pending before the Supreme Court, High Courts, or Armed Forces Tribunals.
Justice Kant concluded:
“The Armed Forces are the backbone of our nation. Officers must be given certainty and fairness in career progression.”
Case Title: WG CDR SUCHETA EDN Versus UNION OF INDIA AND ORS., Diary No. 28412-2024
