CHANDIGARH: A woman cadet who was “compelled” to resign from the Officers Training Academy (OTA) after a spinal injury has been directed by the Delhi HC to join back. The court observed that her resignation was not voluntary and was withdrawn before it was accepted.
Shivanjali Sharma had joined the Officers Training Academy in October 2010 and sustained a fracture in the backbone after she fell from a staircase. The incident took place after just five days of training. She was admitted to the Military Hospital, Chennai, but apparently her injury was not diagnosed.
In spite of her complaining of severe back and stomach pain, she was discharged from hospital holding her fit for duty. Her request for sick leave was also declined.
As she continued to suffer from severe pains, she tendered her resignation from training. “In these circumstances, which were beyond her control. Since the Officers Training Academy authorities had failed to get her injury diagnosed and provide proper treatment, she was compelled to resign,” her counsel, Maj (retd) K Ramesh said.
Diagnosis at a private hospital revealed a fracture in the tailbone. She wanted to rejoin training after treatment and requested the Army Chief to allow her join training in the next batch.
However, the Army Training Command held that she was unfit to join training even in the next course.
A Division Bench comprising Justice Anil Kumar and Justice SK Misra held the resignation, which was given by her under compulsion and was withdrawn before it was accepted, is set aside.
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