Punjab & Haryana HC Directs Centre To Pass Speaking Order In A Case Where Constable Was Denied Promotion For Being HIV Positive

The Petitioner has been working as a Constable General Duty since 1985 and according to the Petition, has been denied promotion to become Head Constable General Duty.

The Bench headed by Justice Jagmohan Bansal said that “The petition stands disposed of with a direction to the respondents to pass a speaking order qua entitlement of the petitioner to promotion. The competent authority shall pass order after considering 2017 Act as well as afore-stated judgment of this Court and grant opportunity of personal hearing to the petitioner. The needful shall be done within 06 weeks from today.”

Advocate J.S.Mahal appeared for the Petitioner while Advocate Amit Sharma appeared for the Respondent.

The Petitioner has been working as a Constable General Duty with Central Armed Police Force since 1985. The Petitioner submits that he has been denied promotion to the post of Head Constable due to him suffering from HIV. The Petitioner relied on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 (for short, '2017 Act') to submit that no one can be discriminated based on being a HIV patient.

The Respondent State submitted that as per conditions of promotion, an employee must be SHAPE-One whereas the petitioner is SHAPE-2(P), thus, he cannot be considered for the purpose of promotion.

The Court after listening to submissions from both sides directed the respondents to pass a speaking order after considering statutory provision as well as judgment of the Court.

Cause Title: X v. Union of India & Ors.

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