AFT SETS ASIDE ORDER FROM RELEASE ARMY SERVICE

Setting aside an order for release from army service, the Lucknow regional bench of the armed forces tribunal (AFT ) has ordered to provide all consequential benefits and payment of back wages to a former permanent women commissioned officer who had been seeking justice for 25 years. The tribunal imposed a cost (fine) of Rs 5 lakh on the respondent -- the Union of India -- for compensating the petitioner ex-Lt Selina John, resident of Gomtinagar, Lucknow. The tribunal also directed that the petitioner shall be restored in service before three months. In case she has reached the age of superannuation for the rank, she shall be paid her full salary till the age of superannuation, that is 55 years or more, with notional promotions as the case may be, along with permissible pension with post-retrial dues within four months. “It is an irony of our system that the petitioner, who suffered from high-handedness, had to invest almost 25 years to obtain justice from the court of law. The pleasure and happiness of life which has been denied to the petitioner cannot be compensated in terms of money, but symbolically she seems to be entitled to exemplary costs and all service benefits to maintain the majesty of law in our democratic polity,” the AFT observed. A division bench of justice Devi Prasad Singh (judicial member) and Air Marshal Anil Chopra (administrative member) passed this judgment while allowing the transfer application of Selina John. The petitioner had challenged her release order from army service dated August 27, 1988 . She alleged that her services were dispensed with by this order without serving any show cause notice, opportunity of hearing or opportunity to defend her cause. The petitioner was released on the ground of her marriage and due to her low ACR profile.