SUPREME COURT OF INDIA
SATYANAND SINGH vs UNION OF INDIA & ORS.
Civil Appeal No 1666 of 2015 On 20 March 2024
Hon'ble Judges: Sanjiv Khanna, Dipankar Datta
Case Type: Civil Appeal
Final Decision:
Advocates:
Citations:
2024 0 CJ(SC) 142
ACTS REFERRED:
Army Rules, 1954, Rule 13(3)
(A) Army Rules, 1954, Rule 13(3) font-size: 16px;" >THE CHALLENGE
The present civil appeal lays a challenge to the judgment and order dated
05th September, 2012 ("impugned judgment", hereafter) of the Principal
Bench of the Armed Forces Tribunal at New Delhi ("AFT", hereafter),
whereby the AFT rejected the appellant's prayer seeking reference of his
diagnosis as AIDS inflicted, to a fresh Medical Board.
BRIEF RESUME OF FACTS
The factual matrix of the case, insofar as is relevant for the purpose of a
decision on this appeal, is noted hereinbelow:
(i) The appellant was enrolled in the Indian Army on 30th October, 1993
as a Havaldar.
Judgement Text
THE CHALLENGE
1. The present civil appeal lays a challenge to the judgment and order dated
05th September, 2012 ("impugned judgment", hereafter) of the Principal
Bench of the Armed Forces Tribunal at New Delhi ("AFT", hereafter),
whereby the AFT rejected the appellant's prayer seeking reference of his
diagnosis as AIDS inflicted, to a fresh Medical Board.
BRIEF RESUME OF FACTS
2. The factual matrix of the case, insofar as is relevant for the purpose of a
decision on this appeal, is noted hereinbelow:
(i) The appellant was enrolled in the Indian Army on 30th October, 1993
as a Havaldar. He continued discharging his duties on a clerical post
without impediment until the year 1999, when he began suffering
from fever, headache and vomiting. For treatment he was referred to
the Jabalpur Military Hospital. Here, the appellant tested positive for
HIV.
(ii) On 9th January, 2000, the Army Headquarters issued a Notice
("Notice", hereafter) stating that all persons who are HIV+ve and are
suffering from pulmonary or extrapulmonary tuberculosis, would be
considered as AIDS cases.
(iii) Thereafter, on 20th August, 2001, the appellant developed similar
symptoms yet again, for which he was referred to the Jabalpur Military
Hospital. The doctors there prescribed certain medicines to the
appellant, which
