Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 12037 (UTT)

ANUPA CHAUDHARY v. STATE OF UTTARAKHAND

WPSB/455/2019 · 2025-06-30

Manoj Kumar Tiwari, Subhash Upadhyay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:5526-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSB 455/2019 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. None appears for the petitioner. Mr. K.S. Bora, Standing Counsel, for the State. Mr. Bhupesh Kandpal, Advocate, for respondent no. 3, 4 and 5. (2) By means of this writ petition, petitioner has sought the following relief: “(i) Issue a writ rule or direction in the nature of certiorarified mandamus quashing the impugned orders dated 26.08.2019 and order dated 31.08.2019 by which the respondent No. 4 denied the benefit of Leave without pay and Maternity Leave, the aforesaid impugned orders are running contrary the Government order dated 12.09.2016 (annexed as Annexure No. 11 to the writ petition) in which it is provided that in all Government controlled department/institutions the benefits of 180 days Maternity Leave is permissible to the contract employees working in the institutions either under direct control of the government or through outsource agency. The aforesaid impugned orders are also running contrary to the AICTE norms and UGC Guidelines. The petitioner is further challenging the impugned order dated 18.09.2019 by which the respondent no. 4 cancelled the extended contract for the academic session 2019-2020 along with its effect and operation also after calling the entire record from the respondents by directing the respondents to allow Child Care Leave to the petitioner as requested by her along with all consequential benefits, keeping in view the facts highlighted in the body of petition.” 2025:UHC:5526-DB (3) Mr. Bhupesh Kandpal, learned Counsel appearing for respondent no. 3, 4 and 5, on instructions, makes a statement that a sum of ₹2,45,039/- has been paid to petitioner through cheque in lieu of period of maternity leave of 171 days. Thus he submits that now nothing remains to be paid to petitioner and writ petition has become infructuous. Written instructions, produced by Mr. Kandpal in the Court, is taken on record. (4) Mr. Bhupesh Kandpal has also drawn our attention to the document enclosed as Annexure-3 to writ petition, which is a letter dated 18.9.2019, issued by Registrar of the institute, whereby petitioner was informed that her contract is not being renewed for academic session 2019-20. Thus he submits that petitioner is no more serving in the institute and whatever amount was payable to her in lieu of maternity leave has been paid to her. (5) In view of the statement made by Mr. Bhupesh Kandpal, writ petition is dismissed as infructuous. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 30.06.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e 61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB 588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.07.01 09:30:24 +05'30' 2025:UHC:5526-DB