New Delhi: The Supreme Court on Thursday stayed the release of Indian Air Force (IAF) Wing Commander Nikita Pandey, a Short Service Commission (SSC) officer who played a pivotal role in high-profile military operations including Operation Sindoor and Balakot. The top court observed that the current uncertainty surrounding the absorption of SSC officers into permanent commissions is problematic and called for a clear, inclusive policy to address the issue.
The interim relief marks the first such stay granted to an IAF SSC officer, coming shortly after similar orders passed on May 9 in favour of over 50 women SSC officers from the Army awaiting consideration for permanent commission.
A bench comprising Justice Surya Kant and Justice N. Kotiswar Singh expressed concern over the lack of policy assurance for SSC officers, particularly women. “A sense of uncertainty may not be good for the armed forces… inter-se merit and competition after 10 years causes a lot of heartburn,” the bench observed. The justices emphasized that every officer selected via SSC should ideally be considered for permanent commission, provided they meet the required criteria.
Wing Commander Pandey, who joined the IAF through SSC in 2011, is currently serving on an extension until June 19, 2025, marking the completion of her 10-year term. Represented by senior advocate Menaka Guruswamy and advocate Astha Sharma, Pandey argued that she has served with distinction and was specifically selected for strategic operations based on her experience and performance.
In her plea, Pandey noted that despite women being inducted into the IAF since 1992, they are still only commissioned through the SSC route, unlike their male counterparts who can be inducted via both SSC and Permanent Commission tracks. “This gender-based limitation is outdated and goes against the principles of equality laid down by this court,” her petition stated.
Additional Solicitor General Aishwarya Bhati, appearing for the Centre and IAF, argued that the officer had already been considered by two selection boards and found unsuitable for permanent commission. She reiterated that the IAF has led the way in implementing gender parity, doing so over a decade before the Army followed suit in 2020 following a Supreme Court directive.
The bench, however, remained unconvinced by the current system’s fairness. “If you take 100 SSC officers, ensure all are given a chance to be considered for permanent commission. Even if not everyone qualifies, there should be a clear, structured opportunity,” Justice Kant stated, further emphasizing the need to nurture “young blood” while respecting the dedication and potential of existing officers.
Pandey, a trained Fighter Controller, has one final opportunity to appear before a third Board of Officers. Her legal team expressed concern that the final review could be rushed given the limited time before her service extension ends.
The court’s decision and comments point to a broader push for institutional reform within the armed forces to ensure gender parity, policy clarity, and fair treatment of officers who have proven themselves in critical national service roles.
The matter is likely to set a precedent for future cases concerning SSC officers across the armed forces, especially women officers seeking a permanent career path within the military.
