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2023 Supreme(Del) 5406

CHANDRA DHARI SINGH
Rehmat Fatima – Appellant
Versus
State of NCT of Delhi Through Principal Secretary – Respondent


Advocates appeared:
Mr.Syed Hasan Isfahani and Mr.Syed Mohd. Hassan, Advocates, for the Petitioner.
Ms. Jyoti Tyagi and Ms. Manisha, Advocates, for the Respondent-1 to 3.

JUDGMENT

Chandra Dhari Singh, J. - The present writ petition has been filed under Article 226 of the Constitution of India aggrieved by denial of maternity benefits and termination of petitioner who was working as contractual employee. By way of the instant writ petition, the petitioner is seeking the following reliefs-

    "a) issue writ of mandamus directing the Respondents to allow the petitioner to continue on the post of stenographer on contractual basis and not to replace the petitioner with similarly situated contractual employees; and

    b) issue writ of mandamus directing the respondents to pay/grant all the maternity benefits to the petitioners of maternity leave;

    c) issue writ of mandamus directing the respondents to pay the salary/remuneration to the Petitioner for period from 01.07.2019 till illegal termination of service i.e., 17.10.2019.

    d) pass such and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."

FACTUAL MATRIX

2. On 7th February 2013, the petitioner was appointed as a stenographer on a contractual basis for a period of one year with the respondent no. 3 i.e., Delhi State Consumer Forum, on the terms and condit

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