In a significant verdict, the Supreme Court has directed the Indian Army to provide a lump sum compensation of Rs. 50,00,000/- to an ex-army havaldar who was wrongfully terminated from service due to a misdiagnosis of AIDS. The ruling, delivered by a bench comprising Justices Sanjiv Khanna and Dipankar Datta, overturned the findings of the Armed Forces Tribunal (AFT) and highlighted glaring defects in the tribunal’s assessment.
The case revolves around the wrongful termination of the ex-serviceman/Appellant, who served in the Indian Army until 2001. Despite no actual diagnosis of HIV, the appellant was wrongly labeled as HIV+ve based on erroneous medical reports, leading to his premature discharge from service. The court rejected the respondents’ argument that the diagnosis was made based on professional judgment, noting the absence of medical literature supporting such a conclusion.
Highlighting the negligence and carelessness of the respondents, the court emphasized the need for accurate diagnoses, especially considering the appellant’s premature discharge from service. It found that the respondents attempted to cover up the misdiagnosis and arbitrarily rejected the appellant’s request for disability status, which was a provision in the respondent’s policy for individuals afflicted with HIV/AIDS.
Acknowledging the appellant’s psychological, financial, and physical trauma, coupled with social stigma, the court awarded Rs. 50,00,000/- as compensation for wrongful termination of services, leave encashment dues, non-reimbursement of medical expenses, and social stigma faced. Additionally, the appellant was granted pension entitlements as if he had continued in service until retirement.
The court’s decision to set aside the AFT’s judgment underscores the importance of accountability and justice in cases of wrongful termination. While recognizing that monetary compensation cannot fully alleviate the appellant’s suffering, the court hoped it would provide some solace and stability for the future.
In response to the ruling, counsels for the respondents expressed respect for the court’s decision, emphasizing the importance of rectifying past injustices and ensuring fairness in the armed forces.
Case Title: SATYANAND SINGH VS. UNION OF INDIA & ORS.
