The Supreme Court on Monday considered granting relief under Article 142 of the Constitution to former Indian Air Force Squadron Leader Priyanka Saxena, who is seeking re-entry into the Air Force after having earlier served for 10 years.
The matter arises from her challenge to the denial of her request for reinstatement. Saxena had been commissioned into the IAF in December 2003 and was released in December 2013 after completing 10 years of service. The Armed Forces Tribunal had earlier directed the government to examine whether the policy should facilitate re-entry of women officers who had previously served and subsequently sought to return to the forces in compelling circumstances.
At Monday’s hearing, ASG Aishwarya Bhati informed the Supreme Court that the Defence Minister had not approved Saxena’s request as she did not fall within the existing policy. The Court was informed that she had already served for 10 years. Ms Bhati then suggested that, considering the peculiar circumstances of the case and the contribution made by her family to the defence of the country, the Supreme Court could exercise its powers under Article 142.
During the hearing, Mr. Bhati submitted that, at the previous hearing, it had been indicated that Saxena would have to forego her seniority. It was informed to the Bench that she had since foregone her seniority. Mr. Bhati further submitted that she may also be required to undergo refresher training, describing the submission as a note to assist the Court in framing the order.
Counsel appearing for Saxena, however, pointed out that she was already a commissioned officer and was not a fresh graduate who would be entering the service for the first time. She therefore questioned the requirement of training in the proposed relief.
Justice V. Mohana then raised a concern regarding the wording of the proposed order, particularly the condition that the relief would be “subject to successful completion” of the training. Justice Mohana indicated that, given the gap in service, Saxena would have to undergo refresher training.
The Court thereafter passed over the matter for now.
Background of the Case
Priyanka Saxena was commissioned into the Indian Air Force as a Short Service Commissioned Officer in December 2003 and served for 10 years in the Logistics Branch before being released from service in December 2013. She had not opted for permanent commission at the end of her tenure.
She later married Wing Commander Harshit Sinha, who was killed in a MiG-21 crash near Jaisalmer in December 2021 during a night sortie. The couple had two daughters. Following his death, Saxena sought to rejoin the IAF, invoking the policy concerning Veer Naris (war widows) and seeking relaxation of the applicable age requirement in view of her previous 10 years of service.
Her request was not accepted under the prevailing policy. She consequently approached the Armed Forces Tribunal, which in May 2023 directed the Ministry of Defence to examine whether an appropriate policy could facilitate the re-entry of women Short Service Commission officers who had earlier left service and subsequently became widows of serving defence personnel.
The matter subsequently reached the Supreme Court. In February 2025, the Supreme Court asked Additional Solicitor General Aishwarya Bhati to impress upon the authorities for a “sympathetic reconsideration” of Saxena’s claim and for an effective solution.