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IN THE HIGH COURT OF DELHI
Manmohan, Asha Menon, JJ.
Kavendra Singh Sidhu - Appellant
Versus
Director General - Respondent
W.P.(C) 967 of 2021
Decided On : 25-01-2021
Important Points
Subject
Employment Law - Discrimination
Headnote
(B) Discrimination - Employment rights - The case highlights issues of discrimination in employment relating to health status and the right to receive benefits without unjustified delays. (Paras 2-4)
Facts of the case:
The petitioner, diagnosed as HIV positive, claimed denial of promotion, pay upgradation, and benefits from the Director General BSF based on his health status, without receiving a response to his representation dated 31st July 2020.
Findings of Court:
The court found it necessary to address the representation, ensuring it is considered with a reasoned order within a stipulated timeframe.
Issues: The core issue of the case was the delay in deciding the petitioner's representation and the implications of health status on employment benefits.
Ratio Decidendi: The court reiterated that all representations must be disposed of by a reasoned order, especially when they concern the rights of individuals with health conditions, reaffirming adherence to principles of equality before the law.
Result: Writ Petition disposed of with directions.
JUDGMENT
Manmohan, J. (Oral)--Present writ petition has been filed seeking a direction to the respondents to decide the representation dated 31st July 2020 of the petitioner by passing a reasoned/speaking order.
2. Learned Counsel for the petitioner submits that the petitioner has been denied promotion, upgradation of pay and NFSG benefits only due to his being HIV+ve and the representation made by the petitioner to the Director General BSF seeking to know the reason/justifications for denial of various service benefits have not been decided till date by means of a reasoned order.
3. Issue notice.
4. Mr. Sushil Kumar Pandey, Advocate accepts notice on behalf of the respondent. He states that he is not aware as to whether the petitioner's representation dated 31st July, 2020 has been decided till date or not.
5. Keeping in view the limited prayer in the present writ petition, the respondent is directed to treat the petitioner's present writ petition as a representation and decide the same by way a reasoned order within six weeks in accordance with law, if the petitioner's earlier representation dated 31st July, 2020 has not already been disposed of.
6. With the aforesaid directions, present writ petition stands disposed of.
7. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.
