IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH SXXXX ...PETITIONER VERSUS UNION OF INDIA AND ORS.

....RESPONDENTS

1. The date when the judgment is reserved 26.11.2025 2. The date when the judgment is pronounced 13.02.2026 3. The date when the judgment is uploaded 13.02.2026

4. Whether only operative part of the judgment is Full pronounced or whether the full judgment is pronounced

5. The delay, if any of the pronouncement of full Not applicable judgment and reason thereof.

CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL.

Present: Dr. Swati Jindal Garg, Advocate and Ms. Srishti Makol, Advocate for the petitioners Ms. Neha Jaggi, Sr. Panel counsel for respondents/UOI ****

SANDEEP MOUDGIL, J Prayer

1. The present Civil Writ Petition under Articles 226/227 of the Constitution of India is filed seeking issuance of a writ of mandamus directing the respondents to provide redressal to the petitioner by supplying the complete report dated 02.05.2024 (Annexure P-1) along with all annexures and the recommendations of the departmental committee constituted vide order dated 16.11.2023 (Annexure P-11) on her complaint of sexual harassment; further directing the respondents to accept the petitioner’s resignation dated 14.02.2024 (Annexure P-3) and to release her pending salary and all consequential service benefits including TA, DA, outstanding dues, gratuity and NPS contributions.

Brief Facts

2. The petitioner was appointed as a Trained Graduate Teacher (TGT) with the Navodaya Vidyalaya Samiti (NVS) in the year 2012 and served at various Jawahar Navodaya Vidyalayas including JNV Poonch (J&K), JNV Butana, Sonipat (Haryana) and lastly JNV Karnal (Haryana). Throughout her service, the petitioner discharged her duties diligently and her performance stood duly reflected in her Annual Performance Appraisal Reports.

3. During her tenure, particularly at JNV Butana and JNV Karnal, the petitioner was subjected to a hostile work environment, including discriminatory allocation of duties and denial of basic service-related entitlements. The petitioner raised multiple complaints before the competent authorities regarding sexual harassment and related misconduct at the workplace. While certain committees were purportedly constituted and actions such as suspension or dismissal of some individuals were undertaken.

4. Despite the pendency of her complaints, the petitioner was subjected to further hostility and no effective, protective or remedial measures were taken by the respondents to ensure her safety or dignity at the workplace.

5. Owing to prolonged mental stress, deterioration of health, and continued hostile conditions at the workplace, the petitioner took a conscious and voluntary decision to sever her employment. Accordingly, she tendered her resignation dated 14.02.2024 to the Deputy Commissioner, NVS Regional Office, Jaipur and the Commissioner, NVS, Noida. The resignation unequivocally conveyed her intention to resign from service, while also narrating the circumstances that compelled her to take such a decision.

6. The respondents, however, declined to accept the petitioner’s resignation on the ground that it was “conditional” and in the nature of a representation, merely because it contained a factual narration of the circumstances leading to her resignation. The petitioner was thereafter repeatedly directed to submit a “simple and unconditional” resignation, which effectively sought to compel her to suppress the factual background underlying her decision to resign.

7. Despite tendering resignation, the respondents have illegally withheld the petitioner’s salary and consequential benefits including pending pay, allowances, gratuity and NPS contributions, without passing any reasoned or lawful order. The continued refusal to accept the resignation and release dues has caused severe financial and mental hardship to the Petitioner. 8. Aggrieved by the inaction and illegal conduct of the respondents, the petitioner earlier approached the Delhi High Court,