Delhi High Court by Limit Security Force (BSF) Of One constable Of Party In important Decision While narrating, an order has been given to reinstate his service. This young man only has HIV positive He was fired from the job on the basis of his finding. The court has clearly said that no employee can be discriminated against merely on the basis of illness.
What is the whole matter?
this matter bsf It is linked to a constable from Delhi, who was diagnosed with HIV in July 2017. positive Was found. After treatment, he was discharged from the hospital in November 2018, but again in the same month. Medical Upon investigation he was declared unfit for service. After this, on April 9, 2019, he was removed from service on the grounds of being physically unfit. The soldier’s appeal also bsf Of Appellate the authority has october Was rejected in 2020.
Challenging this decision the soldier went to Delhi High Court Knocked the door. hearing the case justice C. Harishankar And justice Om Prakash Shukla’s bench did this. Delhi High Court passed orders while hearing the case bsf Canceled the decision.
Delhi High Court gave in case bsf gave important order to
Delhi High Court Said that if the jawan is not able to work at his original post then bsf to give him proper facilities i.e. Reasonable accommodation Will have to give. Under this he will be given an equivalent post or supernumerary Can be appointed to the post. supernumerary The post is a temporary additional post, which is created for such employees who cannot be posted on a regular post.
High Court It also clarified that there was neither any complaint against the jawan nor any question was raised on his performance. HIV only positive cannot be a basis for firing him from the job.
Delhi High Court rights off persons with Disabilities act2016 and hiv act Citing it, he said that government institutions cannot discriminate against any employee on the basis of disease.
