NewsClick

NewsClick
  • हिन्दी
  • Politics
  • Economy
  • Science
  • Culture
  • India
  • International
  • Sports
  • Podcasts
  • Articles
  • Videos
search
menu
  • All Podcasts
  • All Articles
  • Newsclick Articles
  • All Videos
  • Newsclick Videos
  • हिन्दी
  • Politics
  • Economy
  • Science
  • Culture
  • India
  • Sports
  • International
  • Africa
  • Latin America
  • Palestine
  • Nepal
  • Pakistan
  • Sri Lanka
  • US
  • West Asia
About us
Contact us
Subscribe
Follow us Facebook - Newsclick Twitter - Newsclick RSS - Newsclick
close menu
Law
India

After 14-year Legal Battle, Bombay HC Orders Reinstatement of HIV+ve Man as Coast Guard

In 2003, he tested positive for HIV and TB, and was discharged on the grounds of "invalidation with 100% disability''.
Live Law
23 Mar 2019
After 14-year Legal Battle, Bombay HC Orders Reinstatement of HIV+ve Man as Coast Guard
Image for representational use only.Image Courtesy : NDTV

After a 14-year legal battle, an HIV positive man, who was discharged as an invalid on being diagnosed with HIV and tuberculosis, has been ordered to be reinstated immediately by the Bombay High Court. The order was passed by a bench comprising Justice BR Gavai and Justice NJ Jamadar.

The petitioner joined the Indian Coast Guard in 1995, and had worked as a sweeper, office boy, sentry and even served four years at sea. In 2003, he tested positive for HIV and TB, and was discharged on the grounds of "invalidation with 100% disability''. He had therefore petitioned the court, demanding reinstatement.

A bench comprising Justice AA Sayed and Justice MS Karnik had then, in July 2017, directed the commanding officer, INHS Asvini to constitute a medical board at INS Asvini Hospital. The medical board had found him fit for re-joining, noting that he had no features of opportunistic infection. This report had further noted that there was a possibility of further improvement in the petitioner's medical condition due to availability of newer antiretroviral drugs (ART). The report had also been approved by the director general of Indian Coast Guard.

The respondent authorities, however, demanded that the petitioner be re-examined, instead of reinstating him after the first medical board found him fit. This did not go down well with the court, which observed, "We fail to understand the propriety of the request to constitute a medical board again to examine as to whether the petitioner is fit or not. The medical board itself after thorough examination has given opinion on 16th September, 2017 that the petitioner is medically fit to discharge his duties." The court further noted that the petitioner was personally present in the court and that he was physically fit to discharge his duties, taking into consideration the fact that he had to work as unskilled labour and discharge the duties of sweeping etc. The petition was, therefore, allowed.

The petitioner was directed to deposit the amount of service gratuity and any other monetary benefits he had received on the date of his discharge within four weeks. The court added that any pensionary benefit received by him during the intervening period shall not be disturbed. The court, however, clarified that it was passing the order in the peculiar facts and circumstances of the case and that this shall not be treated as a precedent.

Also read: “London Patient” Cleared of HIV Virus Becomes World’s Second Case of Successful Treatment of AIDS

Courtesy: Live Law
Bombay High Court
HIV
coast guard
Antiretroviral Drugs
INHS Asvini
tuberculosis
AIDS
AIDS Treatment
Related Stories
Adani Enterprises

FinMin Should Appeal HC Order on Adani Enterprises

Indira Jaising

FCRA Case: CBI Moves SC Against Bombay HC Order on Interim Protection to Grover, Jaising

Bhima Koregaon Case: SC Grants Temporary Relief to Navlakha, Refuses to Dismiss FIR

Bhima Koregaon Case: SC Grants Temporary Relief to Navlakha, Refuses to Dismiss FIR

Koregaon Bhima Case: HC Refuses Bail to Bharadwaj, Ferriera and Gonsalves

Koregaon Bhima Case: HC Refuses Bail to Bharadwaj, Ferriera and Gonsalves

Bhima Koregaon Case: SC Extends Protection From Arrest to Gautam Navlakha Till Oct 15

Bhima Koregaon Case: SC Extends Protection From Arrest to Gautam Navlakha Till Oct 15

SC Asks Gujarat to Give Compensation

SC Asks Gujarat to Give Compensation, Job, Accommodation to Bilkis Bano in 2 Weeks

Judicial Custody of Accused in Pansare Murder Case Extended

Judicial Custody of Accused in Pansare Murder Case Extended

War and Peace.jpg

Bhima Koregaon Case, Farmers’ Protest in Haryana and More

Bombay HC Judge Says he Knew Tolstoy Book

Bombay HC Judge Says he Knew Tolstoy Book Was Classic, Cites ‘Poor Handwriting’

Objectionable? 'War and Peace' in Marathi is Printed by State Govt Itself!


Related Stories

Amey Tirodkar

Ajit Pawar's Clean Chit Creates Huge Embarrassment For BJP

06 December 2019
Mumbai: On November 23, Bharatiya Janata Party's Devendra Fadnavis was sworn in as Chief Minister of Maharashtra for the second term after lifting
‘PMC Depositors Can Approach RBI for Emergency Withdrawals up to Rs 1 Lakh’
PTI

‘PMC Depositors Can Approach RBI for Emergency Withdrawals up to Rs 1 Lakh’

19 November 2019
Mumbai: Depositors of the crisis-hit Punjab and Maharashtra Cooperative (PMC) Bank can approach the Reserve Bank of India-appointe
Adani
Abir Dasgupta, Paranjoy Guha Thakurta

Adani Letters Rogatory Judgment: Why Finance Ministry Must Appeal

31 October 2019
On October 17, the Bombay High Court ruled in favour of a company in the Adani Group by passing an order quashing the issuance of letters rogatory

Pagination

  • Next page ››

More

  • Delhi University Teachers to Continue Strike

    Delhi University Teachers to Continue Strike

  • Jharkhand Elections, workers

    Jharkhand: Do Workers Not Have the Right to Live?

  • After Ayodhya

    After Ayodhya: Indian Constitution and Equality Before Law

  • Defence

    Make in India a Failure in Defence Sector ?

  • Load More
Subscribe
connect with
about
contact