ORDER

CHANDRA DHARI SINGH, J (Oral)

1. The instant petition under Article 226 of the Constitution of India has been filed on behalf of the petitioner seeking the following reliefs:

“(a) QUASH the impugned order dated Order No. Ref - DO 3/Sales dated 31.01.2022 of the Respondent No.2, whereby the service of the Petitioner has been terminated;

(b)REINSTATE the Petitioner to her earlier/former post as Probationary Developmental Officer.

c)HOLD the impugned order No. Ref-DO 3/Sales dated 31.01.2022 of the Respondent No.2 as being void ab initio thereby abating any subsequent actions arising thereby from this order.

(d)DIRECT the respondent No.2 to provide performance reports of all the contemporaries/probationary employees similarly placed at the relevant time with the Petitioner placed Signature Not Verified Digitally Signed W.P.(C) 12330/2023 Page 1 of 17 in North Zone or Delhi Zone .

(e)DIRECT the Respondent No. 2 to release consequential benefits as applicable to Applicant while on service along with the arrears of pending allowance due since the impugned order of termination;

(f) PASS any other/ further order(s) or direction(s) as this Hon'ble Court may deem fit and proper in the interest of justice.”

2. The petitioner was appointed as an Apprentice Development Officer with respondent no. 2 (‘respondent Corporation’ hereinafter) vide recruitment letter dated 26th November, 2019 on an initial probation period of 12 months, extendable up to maximum time period of 24 months in total.

3. The said recruitment letter laid down targets to be met by the probationary officers for appointment as a permanent employee in the respondent Corporation, which were duly accepted by the petitioner at the time of recruitment.

4. During the said time period of 2 years on probation, the respondent Corporation had granted subsequent quarterly extensions vide letters dated

14th September, 2021 and 24th November, 2021.

5. During the advent of COVID-19 pandemic, the respondent Corporation had provided relaxation to the Development officers vide letter dated 11th June, 2021.

6. Due to failure to achieve the said targets during the probation period, the petitioner was terminated from employment vide order dated 31st January, 2022. Aggrieved by the same, the petitioner has preferred the Signature Not Verified Digitally Signed W.P.(C) 12330/2023 Page 2 of 17 present writ petition.

7. The learned counsel appearing for the petitioner submitted that the petitioner’s work got heavily affected due to COVID-19 pandemic and therefore, she was not able to achieve one of the three targets given to her.

8. It is submitted that the respondent Corporation had provided relaxation in business targets to the other employees, however, the petitioner was not provided any such relief, thereby leading to discrimination.

9. It is submitted that the petitioner’s mother was murdered in 2021, which significantly affected her mental well being leading to non- completion of targets. It is also submitted that the petitioner had given representation dated 15th February, 2022 to the concerned authority in the respondent Corporation, but no relief was provided to the petitioner.

10. It is further submitted that the agents dedicated to the petitioner were allocated to other officers by the respondent Corporation, thereby leading to affecting the overall work.

11. Hence, in view of the foregoing submissions, the petitioner seeks to grant the prayer as made in the instant petition.

12. Per Contra, the learned counsel appearing on behalf of the respondent Corporation submitted that there is no illegality or error in the impugned order dated 31st January, 2022 passed by the respondent No.2 as it is an admitted fact that on every occasion the petitioner being a probationary officer had failed to achieve the target given to her.

13. It is submitted that the petitioner had made a representation seeking extension of the probation period which had been duly considered by the Signature Not Verified Digitally Signed