RENU SHARMA Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) By means of the present writ petition, the petitioner seeks to issue a writ, order or direction in the nature of certiorari quashing the illegal and arbitrary order dated 08.09.2015 (annexure-8) de-barring the petitioner from attending the office.

(2.) The facts giving rise to the present writ petition are that the petitioner is working as Deputy Programme Officer on contract basis in Mahatma Gandhi Rural Employment Guaranttee Scheme in Dheradun since 2008. In the month of December, 2014, due to some medical complications, petitioner was advised to deliver her child through surgery and the expected date of delivery was15.02.2015. The petitioner applied for six months' maternity leave. Respondent no. 3 sanctioned the same to the petitioner vide order dated 08.12.2014.The petitioner proceeded on maternity leave from 15.01.2015. During the maternity leave of the petitioner, one Dinesh Chandra Joshi was deputed to work in place of the petitioner. On 08.02.2015, the petitioner delivered a child through operation (caesarian) and she was discharged from the hospital on 11.02.2015. Petitioner's services on contract ended on 30.01.2015, when the petitioner still continued to remain on maternity leave. On 04.07.2015, the petitioner joined her services on the post of Deputy Programme Officer, Sahaspur, Dehradun. On 21.07.2015 the petitioner requested the respondents to give her pay for the period she underwent maternity leave. Respondent no. 2, instead of paying the salary to the petitioner, called an explanation from respondent no.3, despite the knowledge that the District Magistrate had already approved for extension of service contract of the petitioner. She is, as per the prayer, entitled to leave during her matrimonial leave.

(3.) Heard learned counsel for the petitioner and learned counsel for the State. According to the learned counsel for the State the service contract of the petitioner has not been renewed after 02.08.2015.