Delhi HIgh Court

Delhi High Court: HIV Positive Employee Reinstated with Full Benefits

Updated
Feb 2, 2026 3:29 PM
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Summary: On December 9, 2025, the Delhi High Court ruled in favor of Moilunlal, who was fired from his job for being HIV positive. The court ordered his return to work with full benefits, setting an example for similar cases.

The Case of Moilunlal

Moilunlal, with the help of his lawyer Mr. R Jude Rohit, fought against being fired because of his HIV status. The case was heard in the High Court of Delhi, New Delhi, by Judges C. Hari Shankar and Om Prakash Shukla.

Previous Judgement Reference

During the case, Mr. Rishabh Sahu, representing the government, admitted that this case was similar to an earlier one, Hoshiar Singh v. Union of India. That earlier case influenced the court's decision this time.

"The situation is the same as the one before this Court in WP (C) 4556/2023," said Mr. Sahu.

Court's Decision

On March 25 and May 20, 2025, orders were given to fire Moilunlal. However, the court canceled these orders on December 9, 2025. The judges decided that Moilunlal should go back to work with all benefits, except for back pay.

"The petitioner shall return to work starting from 25 March 2025 with all benefits except back pay," the court ordered.

Impact of the Verdict

This decision ensures that Moilunlal's job, position, and salary are treated as if he was never fired. It shows the importance of fairness and not discriminating in the workplace, especially when it comes to health conditions like HIV.

Summary of the Verdict

The Delhi High Court's decision is an important step in protecting the rights of people with health conditions. By allowing Moilunlal to return to work, the court has made it clear that treating someone unfairly because of their HIV status is not okay.

Tags:
Discrimination
Workers' Rights
Protection of Women from Domestic Violence Act