In Brief
A soldier was discharged from the Indian Army in 2001 after being diagnosed with AIDS, based on an HIV-positive test and suspected neuro-tuberculosis. The Supreme Court found the diagnosis was made without proper neurological examination and contradicted by later medical reports showing a CD4 count above the WHO threshold for AIDS. The Court held the discharge wrongful, set aside the Armed Forces Tribunal's decision, directed reinstatement of pension as if the soldier had served until retirement, and awarded Rs. 50 lakh compensation for wrongful termination, lost wages, medical expenses, and social stigma. The judgment emphasized the State's duty to maintain dignity and due process in military employment decisions.
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