IAF told to give job to pilot disabled on duty

NEW DELHI: The Delhi high court has ordered the Indian Air Force to give permanent commission and an alternate job to a pilot who was disabled after his helicopter crashed during a rescue mission. Setting aside the order of the release of Squadron Leader R Bhusal from service, a Division Bench comprising Justice Vijender Jain and Justice B N Chaturvedi said it was shocking that the Air Force should rate a man, who put his life at risk by flying a helicopter in a dangerous pass in Siachen, ''low in courage''.The judges took a strong exception to the ''performance rating'' done by the Air Force. The Air Force contended in the court that Bhusal was being discharged because his performance rating was lower than the set standard. When the court examined the performance records, it was found that Bhusal was given low marks against the ''courage'' column. Setting aside the release order, the Bench acceded to Bhusal's counsel Narender Kaushik contention that as per several Supreme Court ruling, whenever an employee sustains a crippling injury during service, it was the duty of the employer to grant him an alternate job, apart from medicare and compensation. Bhusal had joined as trainee pilot under the short service commission in 1991. He was successfully commissioned as pilot in 1997 and posted in Siachen area. On May 17, 2000, when he returned from his routine flight, he reported to wing commander Chandra Singh that there was some oil leakage and RPM (revolutions per minute) fluctuations in the helicopter. But Singh ordered him to fly without delay as another helicopter had crashed. Taking along Dr Vishal Srivastava from Army, the mission got airborne to Bara-La-Chala pass. Just short of the pass, their helicopter developed a snag and crashed. Singh and Srivastava both sustained fatal injures but Bhusal survived. A probe was ordered by the chief of air staff and the cause of crash was found to be engine failure, prolonged operation at high altitude leading overheating and subsequent burning of turbine blades. The air chief also concluded that injuries sustained by the pilot were ''attributable to service''. Bhusal, who was disabled because of the damaged spine, was posted as ''operational officer'' with Pachora Missile Squadron. Two years later, he learnt that he was being relieved from service. His appeal to the air chief was rejected and he moved the Delhi high court. ''No consideration has gone into the loss which he suffered at such a young age while performing his duty under the command of the superior,'' the Bench observed, quashing the discharge order. ''It is strange to hear the argument that the petitioner will not be entitled to a shelter employment as he is not a permanent commissioned officer,'' the court observed.