Moilunlal vs Union Of India & Ors
2025 Latest Caselaw 6068 Del

Delhi High Court

Moilunlal vs Union Of India & Ors on 9 December, 2025

Author: C.Hari Shankar

Bench: C. Hari Shankar

                $~69
                *        IN THE HIGH COURT OF DELHI AT NEW DELHI
                +        W.P.(C) 18339/2025, CM APPL. 75923/2025 & CM APPL.
                         75924/2025

                         MOILUNLAL                                          .....Petitioner
                                               Through:   Mr. R Jude Rohit, Advocate

                                               versus

                         UNION OF INDIA & ORS.                 .....Respondents
                                       Through: Mr. Rishabh Sahu, SPC with
                                       Mr. Sameer Sharma, Adv.
                         CORAM:
                         HON'BLE MR. JUSTICE C. HARI SHANKAR
                         HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
                                       ORDER (ORAL)

                %                        09.12.2025

                C.HARI SHANKAR, J

1. This writ petition assails the decision of the respondents to board the petitioner out of service on the ground that he was HIV positive.

2. Mr. Rishabh Sahu, learned SPC for the respondents, very fairly submits that the controversy is identical to that which was before this Court in WP (C) 4556/2023, which was one of a batch of writ petitions decided by the judgment reported as Hoshiar Singh v. Union of India and Ors1 by a Co-ordinate Bench.

3. Accordingly, following the said decision, the orders dated 25 March 2025 and 20 May 2025 which terminated the petitioner's

1 2025 SCC OnLine Del 1987

services on the ground that he was HIV positive stand quashed and set aside.

4. The petitioner shall stand reinstated in service with effect from 25 March 2025 with all consequential benefits except back wages. He shall be entitled to continuity of service, seniority as well as pay fixation, treating him as having been in service throughout without ever having been terminated from service.

5. The writ petition is allowed in the aforesaid terms.

C. HARI SHANKAR, J

OM PRAKASH SHUKLA, J DECEMBER 9, 2025/rjd