Supreme Court Grants Relief To Woman Officer Who Lost Permanent Commission Due To Pregnancy-Related Condition

The Supreme Court on Wednesday directed the grant of Permanent Commission to a Women Short Service Commission Officer who underwent a temporary aberration in SHAPE I status, the required medical criteria, due to pregnancy-related hypothyroidism.The bench headed by Justice D. Y. Chandrachud was hearing an application by Lt. Col. Soni Sharma in this behalf. The bench recorded that Senior Advocate R. Balasubramanian, for the Union of India and the Army authorities, states that though initially, the officer was placed in a temporarily low medical category in June, 2000 and in permanent low medical medical category in March, 2001 with effect from December 7, 2000, she has since been consistently rated to fall in SHAPE I after October, 2001 and continues to do so even as on date. The bench noted that Senior Advocate V. Mohana, for the officer, has on the other hand stated that a temporary aberration in SHAPE I status was occasioned due to pregnancy-related hypothyroidism and the position of the officer as SHAPE I officer has been maintained over the last 20 years now."In the above factual position, having regard to officers to whom PC has been granted, Mr Balasubramanian has requested the court to pass appropriate direction. In the considered view of this court, and having regard to previous orders passed in the case of other officers, it would be fair if PC is granted to Lt. Col. Soni Sharma who has consistently maintained SHAPE I status since October, 2001 and till date, as admitted to the court. Moreover, no discipline and vigilance issues are outstanding against her. Lt. Col. Soni Sharma may be granted PC and necessary orders may be communicated within a period of (...). There may be no break in her service and she be allowed continuity in all aspects", directed the bench."In our (March 25) judgment, we were concerned that these are Women officers who have served the nation. They were not considered for PC in the 5th and 10th years of service. We said 'please consider their status as on that day'. You cannot expect a woman or a man at 50 to meet the same criteria as they would have met on that day," remarked Justice Chandrachud on Wednesday.The bench also noted that another WSSCO-applicant, admittedly in SHAPE I since September, 2000, and that no discipline or vigilance issues remained outstanding, qualified for the grant of PC and directed that necessary orders may be issued in 2 weeks.As regards the third WSSCO-applicant, forming the subject of the order on Wednesday, Mr. Balasubramanian submitted that right from the beginning, her medical records are not available. "For the first time, they are produced by the applicant now. When we go through them, we find that without knowing the past history, we cannot understand on what basis the medical officer has granted SHAPE I status. This requires a little examination. In the meantime, this lady officer will continue in the service till 20 years. After examination, if we find that her medical status is not what is being indicated today, we may take action. If it is SHAPE I, then we will take a call," he told the bench.Ms. Mohana countered, "A misleading submission has been made that her medical records from the beginning are not available. They asked me for an assessment in 2021, and the originals were produced for until 2012. 2012 is the year of consideration. She has been SHAPE I. She was Shape 1b for a short period, which is in no way a disability. Then extensions have been given. She has been SHAPE I. It is only an ego problem. From 2009 to 2015, she was asked to produce medical records. She had them for until 2012. She applied for certified copies from 2013 to 2015."The bench recorded that Mr. Balasubramanian states that the issue has not been closed in so far as the officer is concerned and hence, put up for further consideration the application of the officer in February."We are also treading with caution here because it is said that the person who certified was not in the army. That is our judicial instinct in these cases. But you can tell the officers that in case there is no foul play, no fudging of medical records, then please consider...she applied for certified copies and gave you certified copies," Justice Chandrachud told Mr. Balasubramanian."One impact of the army matter on us has been that we are also inspired so far as physical fitness is concerned," said the judge in a lighter vein.Case Title: NILAM GORWADE v. UNION OF INDIAClick Here To Read/Download Order

Supreme Court Grants Relief To Woman Officer Who Lost Permanent Commission Due To Pregnancy-Related Condition

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