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SUBODH ABHYANKAR
Priyanshi Garg – Appellant
Versus
Union of India Secretary Ministry of Defence – Respondent
ORDER
1. This writ petition has been filed by the petitioner Smt. Priyanshi Garg, a contractual employee, under Article 226 of the Constitution of India assailing the order dated 12.2.2024, passed by respondent No.4, the Principal, Army Public School, Mhow, District Indore (M.P.) whereby, the services of the petitioner who was posted as Primary Teacher has been terminated by invoking Clause 4 of the contract.
2. In brief, the facts of the case are that the petitioner was appointed by respondents on ad hoc basis as Primary Teacher in the Army Public School on 15.9.2021, and subsequently she signed an agreement?? dated 3.6.2022 and she was offered the appointment for the post of Primary Teacher (PRT) for a period of 3 years, w.e.f., 24.6.2022 to 31.3.2025. Accordingly to the petitioner, she was diligently performing her duties as Primary Teacher, however, she sought permission for maternity leave benefit by sending her request to the respondent No.4 under the Maternity Benefit Act, 1961 (hereinafter referred to as ‘the Act of 1961’), and also sent an email on 3.2.2024 mentioning that she had earlier applied for the same but she was verbally informed by the Principal that due to insuffi
The main legal point established is that termination of a woman's service due to pregnancy to avoid maternity benefits is impermissible, and employers have an obligation to provide maternity benefits....
Learned Single Judge was right in directing reinstatement with 25% back wages and it also observed that the grant of full back wages would be appropriate remedy and also held that learned Single Judg....
Contractual employees are entitled to maternity benefits extending beyond the contractual period, as per the Maternity Benefit Act, recognizing women's rights irrespective of employment status.
The court reaffirmed that termination of a pregnant employee is unlawful under the Maternity Benefit Act, 1961, and benefits must be provided irrespective of any contractual terms or notice requireme....
Termination of service without due process is illegal; absence should be treated as resignation, not termination.
Contractual employees entitled to maternity benefits under Maternity Benefit Act if 80-day qualifying period met; Section 27 overrides inconsistent contracts, ensuring statutory protections prevail o....
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