Cannot deny promotion to HIV infected: Allahabad High Court

Lucknow (IANS). In a significant judgement, the Lucknow bench of the Allahabad High Court has ruled that an HIV positive person capable of performing duties cannot be denied promotion.

Justice D.K. Upadhyay and Om Prakash Shukla, while setting aside the single judge’s order of May 24, observed that “HIV status of a person cannot be a ground for denial of promotion, it would be discriminatory and violative of the principles laid down in Articles 14 (right to equality), 16 (right non-discrimination in state employment) and 21 (right to life).” The single judge had dismissed the CRPF constable’s plea challenging the denial of promotion.

The High Court directed the Central Government and the CRPF to consider the promotion of constables to the rank of head constables from the date on which their juniors were promoted.

The bench said that the appellant is entitled to all the consequential benefits which were given to those who were not HIV positive.

While passing the order, the bench considered the “motivational effect” of the judgment delivered by the Punjab and Haryana High Court, which in 2010 had ruled in favor of an HIV-positive person.

In his appeal, the CRPF constable stated that he was appointed as a constable in 1993 and was initially posted in Kashmir.

In 2008, he was found to be HIV positive, but he is fit to perform his duty and was promoted in 2013.

But in 2014, his promotion was reversed and he remained a constable.