The Delhi High Court has earlier asked the navy if Manish Giri could be accommodated in a clerical post
The Indian Navy on Wednesday offered a job in a private company to an ex-sailor who was removed from service after he underwent a sex realignment surgery. The case is being heard in the Delhi High Court, before a division bench of Justice GS Sistani and Justice VK Rao.
Appearing for the navy, Additional Solicitor General Sanjay Jain and the central government standing counsel Anil Soni told the court that it could arrange a job as a data-entry operator for the ex-sailor in a company that works for the government. They said the navy couldn't reinstate her as there was no job for her in the force.
Manish Kumar Giri, 25, was discharged from service in October this year after navy doctors found about her surgery. She has since changed her name to Sabi Giri.
Appearing for Ms Giri, Advocate Anand Grover said the private job is "unfair" as it paid much less than what she was getting in the navy. Mr Grover said he would speak to his client on whether to accept the offer.
Ms Giri sought the court's directions for reinstatement in the same rank and pay in the navy. The plea also challenged Section 9 of The Navy Act, according to which "no woman shall be eligible for appointment for enrolment in the Indian Navy" and limited women to specific departments. The navy has no provision for enrolment of transgender sailors.
In its last hearing, the court called for a "change in mindset" and asked the navy if Ms Giri could be accommodated in a clerical post. The bench was also of the view that the petitioner, last posted on board INS Eksila at Visakhapatnam, could accept a clerical post in the navy so as to support her family. According to the plea, the petitioner had been suffering from gender identity issues since 2011.(With inputs from agencies)