The Supreme Court has ordered the Indian Air Force to reinstate former officer Priyanka Saxena, a war widow. The court invoked its special powers under Article 142, noting her past service and the unique circumstances of her case.
SC Invokes Special Powers for War Widow
The Supreme Court has directed the Indian Air Force to re-induct and reinstate former Short Service Commissioned Indian Air Force (IAF) Officer Priyanka Saxena, a war widow who had earlier served for 10 years before leaving the force in 2013 due to family commitments. A bench of Chief Justice of India Surya Kant, Justices Joymalya Bagchi and V Mohana invoked the apex court’s powers under Article 142 of the Constitution to order her re-induction, while clarifying that the relief would be confined to the peculiar facts of her case and would not operate as a precedent in other cases.
“Her late husband’s contributions to the nation cannot be ignored,” the court had verbally remarked during the hearing. In its order, the Court noted that Saxena had served in the Air Force before her husband, Wing Commander Harshit Sinha, died in a MiG-21 Bison aircraft crash near Jaisalmer Airfield on December 24, 2021. She has two minor daughters.
The Court said her case was not covered by any existing government policy and that her previous service as a Short Service Commissioned Officer had to be given weightage. “The appellant’s past service ought to have been given weightage, and her experience of service need not even require her to undergo a fresh training, a fresh pre-commission training, which is mandatory in case of other war widows who are inducted based on their academic qualification”, it said.
The Court further noted that Saxena qualified on two counts — as a former Air Force officer and as the widow of an Air Force officer. “This is a case of the appellant becoming eligible on both counts; her being an ex-Air Force officer, and she being a war widow of an Air Force officer”, it explained.
A Unique Case Uncovered by Policy
The Court said the existing policy for war widows, despite providing several concessions including reservation of seats, had left out a class of women officers like Saxena who had earlier served in the Armed Forces. It also recorded that Saxena had initially left service after completing her Short Service Commission tenure in the Air Force, having chosen not to seek further extension or Permanent Commission, in view of her family commitments and the need to look after her daughter and support her husband, who was a fighter pilot.
After her husband’s death, Saxena approached the Air Force and other authorities seeking reinstatement. Her request was rejected, including on the ground that she had crossed the maximum age of 35 years prescribed under the applicable policy. The Armed Forces Tribunal (AFT) had subsequently directed the government to examine whether a policy should be framed for women Short Service Commissioned Officers who had left service and later became widows of serving Armed Forces personnel. However, the Tribunal did not grant Saxena effective relief.
Conditions for Reinstatement
The Supreme Court has now set aside the Tribunal’s orders dated May 18, 2023 and July 2, 2024 and directed her reinstatement into the Force subject to specific conditions. Saxena will first have to undergo one year of refresher training in the next applicable course and will be governed by the rules applicable to trainees during the training. She will also have to clear the prescribed medical requirements.
After completing the training, she will be reinstated as a Squadron Leader in the 11th year of service, with her earlier service counted. She will continue as a Short Service Commissioned Officer and will receive a four-year extension in accordance with the applicable policy. Her inter-se seniority will be fixed with her current peer group, and she will be considered for Permanent Commission and promotion in accordance with the policy applicable to that group.
The Court specifically confined the relief to Saxena’s case. “Considering the peculiarity of the facts of the present case, and the circumstances under which the appellant had to approach the Court for reinstatement, and exercising our powers under Article 142 of the Constitution of India, we direct that the case of the appellant be treated as a single case without creating any precedent”, it said.
The Court accordingly allowed Saxena’s appeal and directed her reinstatement in the Indian Air Force subject to the conditions laid down in the order. Priyanka Saxena was represented by Advocate Abhishek Ritabh Shukla. (ANI)
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