Delhi HC seeks guidelines for dealing with cases of trainees injured during training and not commissioned into IAF

New Delhi [India], August 15 (ANI): The Delhi High Court has expressed concern over the handling of cases involving those who sustain injuries during training and are not commissioned into the Indian Air Force (IAF).

The court asked the counsel representing the respondents’ authorities to provide the Standard Operating Procedure (SOP) or guidelines established for handling cases of trainees who are injured during their training and are subsequently not commissioned into IAF.

In an order passed last week, the bench of Justice Rekha Palli and Justice Shalinder Kaur described the situation as a “sad state of affairs.” The case involved a young woman from a rural area in Haryana whose training was terminated, leaving her to handle all current and future medical expenses with only a minimal monthly ex-gratia payment.

The court found the explanation provided by the respondents unsatisfactory, noting that there are no provisions for medical assistance for trainees injured during training who are not commissioned into the Indian Air Force (IAF)

The counsel informed the court that such assistance is only available to ex-servicemen and pensioners, leaving the petitioner without future medical support despite the injuries being service-related.

On this, the court expressed concern over the IAF’s apparent reluctance to take responsibility for injured trainees and highlighted that an inquiry had already identified training shortfalls and recommended improvements.

The court issued its direction while hearing a petition filed by Nidhi Verma, who sought to quash an order dated March 1, 2012, which terminated her training and cadetship at the Air Force Academy. As an alternative, Verma requested that if she cannot be commissioned into the Flying Branch, she should be inducted into the Technical Branch or any other Ground Duty Branch of the Indian Air Force for which she is eligible.

The Delhi High Court bench further noted that, a court of inquiry was held to investigate the circumstances that led to the injury caused to the petitioner. The said Court of Inquiry not only opined that the injury suffered by her was attributable to service, but also opined that the system of training being imparted by senior cadets to junior cadets could lead to further injuries, and therefore, should be stopped.

Further, the Court of Inquiry also observed that the optimum procedure for rolling cadets after the training steps was not being properly followed and therefore, recommendations were made that these steps should be incorporated into the training.

The respondents authorities opposed the petition, arguing that Nidhi Verma, despite being fit and free from disability, cannot be inducted into the Indian Air Force at her current age of 36. They also contended that induction into Ground Duty is not feasible because she did not select Ground Duty as an option when filling out her application form for commissioning.

During the last hearing, the respondents’ counsel informed the court that, due to the termination of Nidhi Verma’s training on medical grounds, she would be entitled to a monthly ex-gratia payment for life, along with an additional disability award, totalling approximately Rs 22,000 per month.

However, petitioner Nodhi Verma submitted that, even if she accepted she could not be commissioned in the IAF, provisions should be made for her ongoing medical treatment for the spinal injury she sustained during training.