PUNJAB & HARYANA HIGH COURT
X v. Union of India
2023:PHHC:084466
Coram HON’BLE MR. JUSTICE JAGMOHAN BANSAL
FACTS:
The petitioner has filed a petition under Article 226 of the Indian Constitution, seeking directives for the respondents to consider promoting them from the position of Constable General Duty to Head Constable General Duty. The petitioner’s legal representative argues, among other things, that the petitioner has been employed by the respondent department as a Constable General Duty since 1985. However, the petitioner has been denied a promotion solely based on being HIV positive. According to the provisions of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 (referred to as the ‘2017 Act’), the respondents are prohibited from discriminating against the petitioner due to their HIV positive status.
COURT ANALYSIS AND DECISION:
When presented with the aforementioned 2017 Act and the ruling of this Court, the legal representative of the respondents has communicated that the respondents will issue a detailed decision after evaluating the legal provisions and the Court’s ruling. As a result of this, the court held that the petition has been resolved with an instruction to the respondents to provide a comprehensive decision regarding the petitioner’s eligibility for promotion. The authorized body is required to issue the decision after taking into account the provisions of the 2017 Act and the previously mentioned judgment from this Court. Additionally, the petitioner should be afforded the opportunity for a personal hearing. The court held that these actions must be completed within a span of 6 weeks starting from today.
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Written by- Srijan Garg
