'Promotion on civil posts cannot be stopped on the basis of illness': HC pulls up Union Home Ministry over promotion of HIV-infected CRPF woman employee, threatens contempt against secretary

The Gujarat High Court has turned a red eye to the Union Home Ministry for not giving timely promotion and arrears benefits to an HIV-infected woman employee serving in the Central Reserve Police Force (CRPF) despite a clear order from the court. Earlier, the court had ruled in favour of the woman officer and ordered her juniors to be given all financial benefits from the date of promotion, yet the High Court has expressed strong displeasure over the lack of proper implementation by the authority. The court has strongly rebuked the discriminatory policy of the Ministry of Home Affairs and warned that contempt of court action will be taken against the Union Home Secretary if the court order is not followed within the stipulated time. Controversy over denial of promotion in the name of Shape-1 category The woman petitioner, through advocate Swapneshwar Gautam, had filed a petition in the High Court challenging the 2011 rules for promotion to the post of Assistant Commandant (Ministerial) in the CRPF. The medical board refused to grant her promotion on the grounds that she did not fall in the 'Shape-01' category as the petitioner was HIV positive. The High Court had earlier clearly noted that the petitioner had been openly discriminated against and his juniors had been promoted, so the petitioner was also ordered to pay all promotional benefits and arrears with retrospective effect. Controversy erupted as the petitioner was ready to be promoted from 2019 instead of 2016. Despite the High Court's clear order, the administration showed readiness to give the petitioner a promotion from the year 2019 instead of the promotion he had received since 2016, as his last medical report came in 2018. However, since the applicant's juniors had already received the benefit in 2016 and the applicant's report was also made in 2015, they were entitled from 2016 onwards. In this regard, the court completely rejected the arguments of the administration citing the medical board meeting held on August 25 by the counsel for the Union Home Ministry and the rules for the P1 to P5 medical category. Clinical condition cannot be a hindrance in civil and ministerial jobs The High Court strongly remarked that the Union Home Ministry cannot go against the law by making arbitrary classification through an office memorandum. If an employee is in a combat role, the conditions of physical fitness can be understood, but in a civil or ministerial desk job where there is no fieldwork, it is unconstitutional to stop promotion on the pretext of medical category. The court questioned in which category patients with heart disease or diabetes should be placed and what is the logic behind such rules. Violation of HIV Act 2017 and Articles 14, 16 and 21 of the Constitution The Court stressed that promotion cannot be stopped on the basis of HIV infection during service and it is to prevent such discrimination a special HIV Act has been brought in the country. These rules enforced by the system are in direct violation of the fundamental right to equality and life guaranteed under Articles 14, 16 and 21 of the Constitution. The High Court has given the Union Home Ministry 3 weeks time for proper implementation of the entire matter and urged it to correct the prejudiced mindset.