HC comes to aid of HIV+ former lab tech

He had accidentally pricked himself

Coming to the aid of a father-of-two who was allegedly dismissed as lab technician at the Vallabhbhai Patel Chest Institute at Delhi University after he tested HIV positive, the High Court has asked the Centre to ensure he receives proper medical care. The man had accidentally pricked himself with needles during the course of employment.

A Bench of Acting Chief Justice Gita Mittal and Justice Anu Malhotra issued the direction. Posting the matter for August 9, the court also directed the Delhi State Legal Services Authority (DSLSA) to explore the possibility of employment for him.

Single judge order

The Bench was hearing the appeal of a 26-year-old, who filed the petition under the name “Pxxx”. The petitioner, through advocate Ashok Aggarwal, had challenged the November 2016 order of a single judge, who had held that since he was employed through a contractor he couldn’t contest his termination as violation of his fundamental rights.

Pxxx, a resident of Sonipat, started working at the institute in April 2011. He accidentally pricked himself three to four times while working in the laboratory and informed the hospital management.

However, he was never administered post-exposure prophylaxis (PEP), which is a requirement in such situations as per National Aids Control Organisation (NACO) guidelines.

He alleged that the hospital doesn’t provide PEP or free medical assistance to staff working on contractual basis.

“I told my superiors about the needle pricks but they told me not to worry,” he said, adding that he got tested for HIV last year and was shocked to find the result positive.

‘In shock’

“I couldn’t believe the report. I got a sample tested at a private lab and also at AIIMS. I was HIV+,” he said.

Soon after the report came out, he learnt he had lost his job. His contractor didn’t help either, said Mr. Aggarwal.

After battling depression, the 26-year-old decided to move court. The hospital, however, told the single judge and reiterated in a recent intimation to NACO that there was no sanctioned vacancy against such post and therefore it couldn’t employ him legally.