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The Delhi High Court has dismissed a plea filed by an SSC officer of the ATC Cadre of the Indian Navy seeking an interim direction to the Indian Navy for grant of a permanent commission.

The Court dismissed the petition on the ground that there are no permanent posts for the said cadre.

The order was passed by the division bench of Justice Rajiv Sahai Endlaw and Justice Amit Bansal.

According to the petitioner, she was inducted as a Short Service Commission (SSC) officer in the Indian Navy and her maximum tenure of SSC, of 14 years, is due to lapse on 5th August, 2021 and the petitioner had already been issued a release letter.

The petitioner had filed the petition impugning her non-consideration for grant of Permanent Commission and also impugning the reasons for which she has been denied consideration for Permanent Commission. It is stated that the application of the petitioner for interim relief is also pending consideration.

The counsel appearing for Indian Navy submitted that in Annie Nagaraja case, the Supreme Court, having examined the issue of granting Permanent Commission to SSC officers, has concluded in regard to ATC cadre of Indian Navy, that there were no grounds for grant of Permanent Commission to SSC women officers in ATC cadre, as neither men or women SSC officers were considered for the grant of Permanent Commission in the ATC cadre of Indian Navy and there was also no direct induction of men officers to the Permanent Commission in the ATC cadre.

It was further argued that neither men nor women SSC officers were/are entitled for the grant of Permanent Commission in ATC cadre; 

It was further argued when Permanent Commission in ATC cadre does not exist, the question of the petitioner being eligible and being entitled to be considered for grant of Permanent Commission in ATC cadre does not arise.

The Court observed that as far as the present case is concerned, the petitioner had failed to show that any other officer in the ATC cadre of the Indian Navy, equally placed as the petitioner, has been granted or has been considered for grant of Permanent Commission. 

The Court said “For the petitioner to succeed in this petition, she will have to first challenge the non-existence of Permanent Commission posts in the ATC cadre, by also showing how the Court can get into the matters which are strictly in the domain of the respondents as employer and the cadre controlling authorities. This Court cannot assess the manpower needs of the respondent Indian Navy and direct creation of a post for the petitioner in the ATC cadre.”

The Court further observed that Regulation 203, which provides for grant of Permanent Commission, is “subject to the availability of vacancies in the stabilized cadre”. The petitioner has not controverted that the highest post in the ATC cadre is of Commander, which the petitioner is already occupying / holding and that there are no permanent posts in the said cadre. Once it is so, till her right to grant of Permanent Commission and / or to consideration therefor is determined, the petitioner cannot, by an interim order, be continued on a public post of Commander in the Indian Navy.