PANCHAM SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Petitioner is working as Assistant Sub Inspector (General Duty) in Shashastra Seema Bal. Vide order dated 10.03.2017 petitioner was promoted to the post of Combatised Sub Inspector (General Duty) but till date he has not been given the promotion on the ground that petitioner's medical category is SHAPE 2 and for promotion, he has to regain medical category SHAPE - I by 31.03.2018. Feeling aggrieved, petitioner has approached this Court.

(2.) Heard Mr. Vinay Kumar, Advocate for the petitioner and Mr. Pankaj Chaturvedi, Standing Counsel for Union of India/respondents.

(3.) Mr. Vinay Kumar, Advocate for the petitioner submits that petitioner is a HIV positive. He was selected and completed the training for the post of Combatised Sub Inspector (GD) but he has not been promoted because petitioner's medical fitness status is P2 (P) i.e. SHAPE - 2. He further submits that though petitioner's CD4 count with ART is 589 but it creates no hindrance in performing his duties. He while placing reliance on Section 3 of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act 2017 (Act No. 16 of 2017) submits that respondents cannot discriminate on the basis of his disease.