IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 20.11.2025 Shilpa ….Petitioner V/S State of Punjab and others ….Respondents CORAM : HON'BLE MR. JUSTICE NAMIT KUMAR Present: Ms. Meenu, Advocate for the petitioner.

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NAMIT KUMAR , J. (ORAL)

1. The instant petition has been filed by the petitioner under Article 226/227 of the Constitution of India, seeking a writ of mandamus, directing the respondents to count the period from 17.10.2021 to 18.04.2022 as medical leave of the petitioner and period from 01.09.2021 to 08.05.2022 in the experience of the petitioner.

2. Learned counsel for the petitioner submits that the petitioner was appointed as Mini Anganwadi Worker on 14.06.2017 and due to her pregnancy, she had taken maternity leave from 31.10.2020 to 28.04.2021 and thereafter, she resumed her duty on 31.08.2021. She further submits that the services of the petitioner are regulated vide guidelines for recruitment of Anganwadi Workers and Helpers issued by the Government of Punjab vide notification dated 07.04.2021 (Annexure P-2) and Clause 11 of the said guidelines reads as under :-

“An Anganwadi Worker can take medical leave with pay for continuous 1 months (31 days) in one calendar year. Period of said medical leave is countable in the experience of worker. If worker is required medical leave for more than one month, then same shall be sanctioned by District Programme Officer.”

2(i) She further submits that keeping in view the abovesaid guidelines, on 01.09.2021, the petitioner applied for leave on medical ground for the period of 01.09.2021 to 16.10.2021 and the same was sanctioned by the competent authority. However, respondent No.4-Child Development Project Officer excluded the aforementioned period from the experience of the petitioner as per Experience Certificate dated 10.01.2023 (Annexure P-3) and due to severe ailment, the petitioner again applied for leave without pay on medical ground for the period of three months i.e. from 17.10.2021 to 17.01.2022 vide letter dated 17.10.2021 (Annexure P-4) and further for the period of three months i.e. from 18.01.2022 to 18.04.2022 vide letter dated 18.01.2022 (Annexure P-5). Along with her leave applications, the petitioner had also annexed the medical certificates, but the respondents did not sanction the leave of the petitioner. After getting Physical Fitness Certificate on 18.04.2022, the petitioner sought permission of respondent No.4 for resuming her duty and again on 04.05.2022, she requested respondent No.4 to let her join the duty. Vide letter dated 05.05.2022 (Annexure P-7), respondent No.3 allowed her to join duty only w.e.f. 09.05.2022 and intervening period has been treated as under :-

2(ii) Thereafter, the petitioner filed an appeal dated 07.06.2022 against the order dated 05.05.2022, passed by respondent No.3, with a prayer to quash the said order and count the period from 01.09.2021 to 08.05.2022 in her experience period and same be allowed to be treated as medical leave without pay. The said appeal is still pending. Thereafter, the petitioner served a legal notice dated 29.08.2025 (Annexure P-9) to the respondents for deciding her appeal dated 07.06.2022 and on 29.09.2025, the reply to the said legal notice was filed (Annexure P-10). With these facts, it has been prayed that the period from 17.10.2021 to 18.04.2022 may be treated as medical leave and period from 01.09.2021 to 08.05.2022 may be counted in the experience of the petitioner.

3. I have heard learned counsel for the petitioner and perused the relevant documents.

4. The claim of the petitioner has already been considered by the respondents and in reply to the legal notice dated 29.08.2025, it has been averred as under :-

“1. That your client Mrs. Shilpa Rani (hereinafter referred to as 'the e