W.P.(C) 12330/2023 Page 1 of 17

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Date of order: 19^th September, 2023

+

W.P.(C) 12330/2023 &CM APPL. 48553/2023 & CM APPL.

48554/2023

PRATIBHA

..... Petitioner

Through:

Appearance not given

versus

UNION OF INDIA & ANR.

..... Respondents

Through:

Mr. Kamal Mehta, Advocate for R-2

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

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:

Digitally Signed

By:DAMINI YADAV

Signing Date:07.10.2023

11:30:56

Signature Not Verified

W.P.(C) 12330/2023 Page 2 of 17

justice.”

2.

The petitioner was appointed as an Apprentice Development Officer

with respondent no. 2 (‘respondent Corporation’ hereinafter) vide

recruitment letter dated 26^th 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

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

5.

During the advent of COVID-19 pandemic, the respondent

Corporation had provided relaxation to the Development officers vide letter

dated 11^th June, 2021.

6.

Due to failure to achieve the said targets during the probation period,

the petitioner was terminated from employment vide order dated 31^st

January, 2022. Aggrieved by the same, the petitioner has preferred the

Digitally Signed

By:DAMINI YADAV

Signing Date:07.10.2023

11:30:56

Signature Not Verified

W.P.(C) 12330/2023 Page 3 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 15^th 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 31^st 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

Digitally Signed

By:DAMINI YADAV

Signing Date:07.10.2023

11:30:56

Signature Not Verified

W.P.(C) 12330/2023