The Supreme Court has directed the reinstatement of a former Short Service Commissioned woman officer of the Indian Air Force who left service in 2013 and later became a war widow after her husband died in a MiG-21 fighter aircraft crash in 2021, as per an ANI report. The court exercised its powers under Article 142 of the Constitution, which allows it to pass orders necessary to secure complete justice.
According to the ANI report, a bench headed by Chief Justice of India Surya Kant allowed an appeal filed by former IAF officer Squadron Leader Priyanka Saxena against orders passed by the Armed Forces Tribunal, Principal Bench, New Delhi, in 2024. The Supreme Court directed that the matter be treated as a one-time case without being treated as a precedent, observing that the circumstances were "very peculiar".
Squadron Leader Saxena had been commissioned in 2003 and completed her 10-year Short Service Commission tenure in December 2013. She had earlier stated that she did not wish to seek an extension or permanent commission because of family responsibilities, including supporting her husband, a fighter pilot, and caring for their child.
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Former officer sought return to service after husband’s death
Saxena’s husband, who served with 51 Squadron in Srinagar, was killed when a MiG-21 Bison crashed near Jaisalmer airfield on December 24, 2021.
After his death, Saxena made several applications seeking reinstatement, relying on her decade of earlier service as a Logistics Branch officer. The Indian Air Force rejected the requests on policy grounds, following which she approached the Armed Forces Tribunal and sought quashing of the rejection orders.
She argued that as a former woman officer who had subsequently become the widow of a defence personnel, she should be granted age relaxation. She also contended that the absence of a specific policy covering women in such circumstances could not by itself justify rejection of her request.
The government opposed the plea, arguing that Saxena had given up her claim to continue in service when she left in 2013. It also contended that her rights had ceased and that she had crossed the maximum age of 35 years prescribed under a policy letter dated November 30, 2017, concerning the induction of widows of armed forces personnel.
The Armed Forces Tribunal closed the compliance proceedings on July 2, 2024.
Supreme Court says existing policy left out a case like hers
While hearing the appeal, the Supreme Court described Saxena’s case as "very peculiar" and said it was not covered by any existing policy, according to ANI.
The court observed that the objective behind the war widow rehabilitation policy had failed to cover a category such as Saxena and said her previous service should have been given due weightage.
The bench also noted that Saxena was both a former Air Force officer and the war widow of an Air Force officer, with two school-going minor daughters. In view of these circumstances, the court said her case warranted sympathetic consideration.
The Supreme Court further held that she would not have to undergo fresh pre-commission training in the same manner as widows inducted on academic qualifications.
Court sets one-year refresher training before reinstatement
The apex court, while allowing the appeal, directed that Saxena undergo one year of refresher training from the next available course. During the training period, she will be governed by trainee rules and will have to satisfy the prescribed medical requirements.
Once the training is completed, she will be reinstated as Squadron Leader in the 11th year of service, with her previous service counted, ANI reported. She will continue as a Short Service Commission officer and receive a four-year extension in accordance with the applicable policy.
The court also directed that her inter-se seniority be determined with her current peer group. She will additionally be considered for permanent commission and promotion in accordance with the relevant policy.
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Lawyer says case was about more than continuation in service
Commenting on the judgment, Saxena’s lawyer, Major Sudhanshu Shekhar Pandey (retd), said, according to ANI, that the issue was not solely about returning to military service but also about ensuring that the officer’s daughters were not adversely affected by their father’s death.
"It is not the service which alone was important for the War Widow. She wanted her two small daughters' life should not be affected and they should live life the way it would have been had her husband not sacrificed life for the call of duty," Pandey said.
He also said the Defence Ministry should have created a policy covering officers in circumstances such as Saxena’s by providing the required exemptions and relaxations while keeping the wider purpose of such rehabilitation policies in mind.
"We are greatly indebted to the Hon'ble Supreme Court for using the extraordinary power to do complete justice rather than accepting technicalities. We hope Air Force considers her case for permanent commission in due course with all fairness which she deserves," Pandey said, as reported by ANI.
