In a significant ruling, the Supreme Court directed that a female army officer, Lt. Col. Suprita Chandel, be granted a permanent commission in the Army Dental Corps, despite her not having pursued litigation. The Court reaffirmed that similarly situated individuals are not required to file separate cases for relief when others in comparable situations have obtained favorable rulings.
Legal Principle Reiterated
The bench comprising Justices BR Gavai and KV Viswanathan highlighted a well-settled principle of law: when a declaration of law is obtained by one individual, the same benefit should automatically extend to others in identical circumstances, eliminating the need for separate litigation. Exceptions may arise only in specific cases where courts expressly restrict the application of such relief or where grievances are personal.
Background of the Case
The appellant, a Short Service Commission officer commissioned in 2008, sought parity with her peers who had been granted permanent commission following a favorable ruling by the Armed Forces Tribunal (AFT). However, due to amendments in 2013, she was denied her third opportunity for permanent commission, unlike similarly situated officers. The AFT extended relief to litigants in a previous case by granting a one-time age relaxation but denied the appellant’s claim because she was not part of the original litigation due to personal difficulties.
Supreme Court’s Observations
The Court set aside the AFT’s order, holding that the appellant should not have been denied relief solely because she had not independently pursued litigation. Justice Viswanathan, authoring the judgment, emphasized that denying the benefit to a non-litigant in such circumstances would result in unfair treatment. The Court cited earlier judgments in Amrit Lal Berry vs. Collector of Central Excise (1975) and K.I. Shephard vs. Union of India (1987) to underline that individuals cannot be penalized for not litigating when their situation is identical to that of those granted relief.
Implications of the Judgment
This ruling reinforces the principle of equal treatment in administrative matters and discourages unnecessary litigation, thereby protecting individuals from being penalized for not pursuing separate legal actions when others in similar circumstances have already obtained favorable judgments.
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