In a groundbreaking verdict, the Supreme Court has mandated the Indian Army to provide a substantial compensation of Rs. 50,00,000/- to a former army havaldar, whose service was unjustly terminated following a misdiagnosis of HIV positivity.
The case revolves around the wrongful dismissal of the ex-army havaldar, who was erroneously diagnosed with AIDS, leading to his premature discharge from service.
Contrary to the findings of the Armed Forces Tribunal (AFT), Justices Sanjiv Khanna and Dipankar Datta unearthed a critical flaw in the AFT’s ruling. Despite an absence of HIV symptoms in the appellant, the AFT had deemed him HIV positive, overlooking crucial medical evidence.
Highlighting this lapse, Justice Dipankar Datta underscored, “The appellant’s medical records indicate no symptoms of HIV, yet the AFT prematurely concluded otherwise. The appellant’s fitness for service remained unimpaired.”
The appellant had dutifully served the Indian Army until 2001 when his service was terminated based on the faulty medical report indicating HIV positivity.
Dismissing the respondents’ claim of professional judgment, the court rebuffed the notion that the appellant was HIV positive based on 2001 medical standards. Instead, it censured the respondents for negligence and carelessness in handling the case.
The court further criticized the respondent’s attempt to conceal the misdiagnosis and their arbitrary denial of disability status to the appellant, which was warranted under the respondent’s policy for self-inflicted diseases like HIV/AIDS.
Acknowledging the appellant’s psychological, financial, and physical trauma, coupled with societal stigma, the court ordered a lump sum compensation of Rs. 50,00,000/- to be paid within eight weeks. Additionally, the appellant was entitled to pension benefits as if he had continued in service until retirement.
While the compensation cannot fully redress the appellant’s ordeal, the court hopes it will serve as a measure of solace and aid in rebuilding his life.
In a related case, the Supreme Court also awarded Rs. 1.5 crores in compensation to an Air Force veteran who contracted HIV during a blood transfusion.
The ruling, in the case of SATYANAND SINGH VS. UNION OF INDIA & ORS, marks a significant stride towards justice for wrongfully dismissed servicemen.
