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Satyanand Singh vs Union of India & Ors.

Not available · 2024 INSC 236Decided 20 Mar 2024
Not available

Background

The appellant was enrolled in the Indian Army in 1993 and served without incident until 1999, when he fell ill and was referred to a military hospital, where he tested positive for HIV. He was subsequently discharged from service on the basis of this diagnosis. He challenged this before the Armed Forces Tribunal, which rejected his request to have his diagnosis referred to a fresh Medical Board, and he then appealed to the Supreme Court.

Decision Breakdown

The Supreme Court set aside the Tribunal's order and allowed the appeal, finding that the appellant had been made to suffer years of social stigma, mental agony, and fear of an incurable, fatal illness, later shown to be an erroneous diagnosis, due to the callous handling of his case by the Army authorities. The Court awarded him a lump-sum compensation of Rs. 50 lakh covering wrongful termination, leave encashment, unreimbursed medical expenses, and the social stigma he endured, and directed that he be treated as having continued in service and be paid pension accordingly, as if he had served until a normal retirement as a Havaldar (though without any entitlement to claim promotion, since he did not actually serve those years).

Lesson Learnt

Government and military authorities owe a duty of care and diligence when making life-altering medical determinations about employees, and courts will award substantial compensation, including reinstated pension benefits, where an erroneous diagnosis leads to wrongful termination and years of unwarranted suffering and stigma.

Official source (sci.gov.in)View Judgment (PDF)

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