Archive · 30 Dec 2025
Bombay High Court Rules in Favor of HIV+ Sweeper Denied Job Permanency
A man who worked as a sweeper in a Mumbai hospital was denied a permanent job because he was HIV positive.
He worked there since 1994 and was found to be HIV positive in 2006.
The hospital said he was unfit for the job because of his HIV status and did not make him a permanent worker.
The man went to the Bombay High Court, which said the hospital was wrong to deny him a permanent job just because he was HIV positive.
The court said this was unfair and against the rules of the Indian Constitution.
The court decided that the man should have been made a permanent worker from 2006.
However, the hospital does not have to pay him for the full 12 years he was denied the permanent job.
He will only get paid for the 90 days before he filed his complaint.
Bombay High Court ruled that denying a sweeper permanent job status due to HIV+ was arbitrary and discriminatory.
The petitioner, a 55-year-old sweeper, was denied permanency in 2006 despite working at the hospital since 1994.
The court found the denial violative of Articles 14 and 16 of the Constitution of India.
The hospital argued the petitioner was unfit due to HIV+ status in 2006, 2011, and 2016.
The court granted the petitioner permanency from December 1, 2006, but limited arrears to 90 days before the complaint was filed.
- Who
- A 55-year-old sweeper working at a Mumbai hospital
- What
- Denial of permanent job status due to HIV+ status
- When
- Initial denial in 2006, court decision in the present
- Where
- Mumbai, India
- Why
- Court ruled the denial was arbitrary, discriminatory, and violative of constitutional rights
- Petitioner's Role
- Sweeper at a Mumbai hospital
- Initial Employment Year
- 1994
- HIV+ Status Discovery
- 2006
- Permanency Denial Grounds
- HIV+ status
- Court's Decision
- Granted permanency from December 1, 2006
- Arrears Period
- 90 days before filing complaint
- Constitutional Articles Violated
- Articles 14 and 16
- Hospital's Stance
- Declared unfit due to HIV+ status in 2006, 2011, and 2016
