The Supreme Court has ordered the reinstatement of a former woman Air Force officer who served in a short service commission, nearly 14 years after her departure. This decision marks a rare exception, as the court exercised its extraordinary constitutional powers based on her status as a ‘war widow.’ The ruling reflects the court’s recognition of her unique circumstances and the sacrifices made during her service.
The court directed ex-IAF officer Priyanka Saxena to undergo a one-year refresher training and clear the medical requirements stipulated by the rules. She married late Wing Commander Harshit Sinha and even received an award of Commendation from the Commanding-in-Chief of the Western Air Command due to her excellent service. She joined the Air Force Academy, Hyderabad, in January 2002 and, upon commissioning, joined the 41 Wing, Jaisalmer, as her first posting. In May 2012, following the birth of her first daughter, family commitments, and to support her husband – a fighter pilot – she left the service, expressing her unwillingness for permanent commission.
“On completion of training, the appellant would be reinstated as Squadron Leader in the eleventh year of service,” the bench said as she left service in 2012, corresponding to her 10th year of short service commission (SSC) following childbirth.
Her case is one of the widow of a fighter pilot who was serving in the Indian Air Force and who lost his life in an aircraft crash. The order passed on September 21, and now made public, stated, “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, and she be re-inducted and reinstated into the Air Force.
The bench said, “We have taken note of the fact that the case of the appellant is a very peculiar one and not covered by any of the policies in existence framed by the Union of India. “It seems to us that 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 precommission training, which is mandatory in case of other war widows who are inducted based on their academic qualification,” the court said.
After losing before the Armed Forces Tribunal, her last hope was the Supreme Court.
