Sole woman gallantry awardee wins battle to stay in Army

Vijay Mohan

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Tribune News Service

Chandigarh, November 30

The only woman officer in the Army to have been decorated for gallantry, Lt Col Mitali Madhumita, has won a legal battle to continue in service. The Supreme Court today dismissed an appeal filed by the central government challenging earlier court orders ruling that she could seek permanent commission.

Lt Col Madhumita from the Army Education Corps had been decorated with the Sena Medal for saving at least 19 lives during the February 2010 terrorist attack on the Indian embassy in Kabul.

She had joined the Army as a short service commission (SSC) officer and later, for personal reasons, declined to opt for permanent commission (PC) in September 2010. On her return from Afghanistan, she changed her mind and sought to withdraw her request for leaving the Army on completion of her SSC term, but the Army refused to comply with her request.

She moved the Armed Forces Tribunal (AFT) which in February 2014 quashed the communication of the Union of India by which her application for withdrawal of her earlier unwillingness for grant of permanent commission was rejected. The AFT had observed she had withdrawn her option well before her actual term in office came to an end. Her application for withdrawal of her earlier unwillingness had been duly processed and strongly recommended through proper official channel.

The Union of India contended that grant of permanent commission to Madhumita would interfere with the policy and cadre management with regard to grant of permanent commission of SSC officers. Her release from service was stayed when she had sought judicial redress.

The Supreme Court Bench, comprising Chief Justice of India TS Thakur, Justice DY Chandrachud and Justice Nageswara Rao, held that Lt Col Madhumita was an outstanding officer and had been awarded the Army Commander’s Commendation even after her service had been protected and continued by the Supreme Court vide its interim order in October 2015.

Close to 1,500 women officers are serving in the Army and about 350 have been granted permanent commission after the government introduced the same for some select branches such as the Army Education Corps and Judge Advocate General’s Department a few years ago. The Air Force and Navy followed suit.