HC: Woman cadet allowed rejoining training in OTA

Last Updated: Tuesday, March 27, 2012 - 13:48

New Delhi: A woman cadet, who had resigned from training for commissioned officer in the Army over a year ago due to a back injury, has been allowed by the
Delhi High Court to rejoin the training beginning next month.

Accepting the plea of Shivanjali Sharma, a bench of justices Anil Kumar and S K Mishra directed the Defence Ministry to allow her to join the Officers Training Academy (OTA) in Chennai for the next course.

"The resignation from the training given by Sharma under compulsion on account of her injuries, which was also withdrawn by her before it was accepted by the competent authority, is set aside and the respondents (Defence Ministry and concerned departments) are directed to allow her to join the OTA, Chennai for the next ensuing course commencing from April 2012," the court said yesterday.

Directing the government to comply with the order
forthwith, the bench also said the petitioner (Sharma) be paid
Rs 20,000 as cost within two weeks.

"Considering the facts and circumstances, the
respondents shall also be liable to pay a cost of Rs 20,000 to
the petitioner. Cost is paid within two weeks," the bench
said.

According to Sharma, she was undergoing training at
the OTA for being enlisted as a commissioned officer in the
Judge Advocate`s Department in 2010.

She said she had joined the training on October 8,
2010 but due to the fall in the stairs few days after
commencement of her training, she suffered injuries in the
tailbone, the lowermost vertebra.

With the injury, she had attended the physical
training but could not continue due to persistent pain in her
back, Sharma said.

Sharma alleged that she was neither given proper
treatment nor allowed to go on sick leave and that the
circumstances forced her to resign from the training on
October 30, 2010.

"Instead of taking adequate measures to diagnose my
injury and provide proper treatment, I was compelled to submit
her resignation from the training.

"My compulsion while tendering my resignation from the
training was to get my injury diagnosed and to get the
appropriate treatment in order to avoid further aggravation of
my injury, as even sick leave was refused to me," the
petitioner said.

The court considered the woman`s argument that after
getting cured in Delhi and getting a fitness certificate from
a doctor, she had sent a representation for withdrawal of her
resignation.

As it was not accepted, she requested the government
to allow her to rejoin the training in April last year but she
was told that she was physically and mentally not fit for the
service, the petitioner said.

"This court is of the opinion that by the letter dated
November 16, 2010, the petitioner had withdrawn her
resignation from the training before it could be accepted by
the respondents....," the court said after the government
failed to provide any document establishing that her
resignation was accepted ahead of her representation.

PTI



First Published: Tuesday, March 27, 2012 - 13:48

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