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After Bombay High Court rap,MSRTC reinstates HIV-positive driver

MSRTC’s lawyer G S Hegde told the bench headed by Justice Abhay Oka that in keeping with High Court’s remarks last time.

Written by Press Trust Of India | Mumbai | Published: September 14, 2013 2:39:24 am

A former driver with the Maharashtra State Road Transport Corporation (MSRTC),sacked after he contracted HIV,had been now taken back into service as peon,the state-run body told the Bombay High Court Friday.

MSRTC’s lawyer G S Hegde told the bench headed by Justice Abhay Oka that in keeping with High Court’s remarks last time,the petitioner (name not disclosed),who had challenged his dismissal,had been taken back into service. The lawyer,however,said the reinstatement was subject to medical examination and he being found fit for the new job.

Advocate Hegde said the medical test had already been held,and result would be known on September 26. The court then posted the next hearing for September 30.

The High Court,at the last hearing,had said that dismissal on account of the person’s contracting HIV amounted to infringement of Constitutional right to livelihood.

The petitioner,who had been working with MSRTC for a long time in Pune,contracted HIV in 2008.

Medical Superintendent of government-run Sasoon Hospital declared him fit to work in 2009 and again in February 2012; but in May 2012 the hospital said now he was suffering from ‘Immuno Compromise Status’,and could be unfit to work as driver of heavy vehicles.

Following this,Maharashtra State Road Transport Corporation removed the petitioner from service,citing his HIV-positive status as the reason.

He then moved the court.

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