$~136 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10403/2026 & CM APPL. 48243/2026 NISHA NAGDEWANI .....Petitioner Through: Mr. Abhik Kumar, Mr. Somesh Srivastava, Mr. Sumit Kr. Shukla, Mr. Rajshree Chaudhary, Mr. Vikas Maini and Mr. Ankit Banati, Advocates. versus GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI AND ORS .....Respondents Through: Mr. Yeeshu Jain, ASC with Ms. Jyoti Tyagi, Mr. Sachin Garg and Mr. Shubham Tanwar, Advocates for R-1. Ms. Seema Dolo, Advocate for R-2. Mr. Kamal Gupta, Mrs. Tripti Gupta, Mr. Sparsh Aggarwal and Mr. Siddharth Arora, Advocates for R-3. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 28.07.2026 1. The Petitioner was appointed as a TGT (French) with Respondent No. 3 School. She assails the termination of her services, effected during an advanced stage of her pregnancy, and also seeks release of the maternity benefits and other dues payable to her under the applicable law. 2. At the outset, Mr. Kamal Gupta, counsel appearing for Respondent No. 3 School, states on instructions that, without prejudice to its rights and contentions and while maintaining that the decision to terminate the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/07/2026 at 15:29:20 Petitioner’s services was unrelated to her pregnancy, the impugned termination notice shall be withdrawn. He further states that the Petitioner shall be paid the maternity benefits and outstanding salary, if any, to which she is entitled in accordance with law. 3. At the same time, Mr. Gupta submits that, upon the Petitioner resuming duties after availing maternity leave, the School may be permitted to assess her performance and thereafter take an appropriate decision regarding her continuation in service, in accordance with the terms of her appointment and the applicable law. 4. The statement made on behalf of Respondent No. 3 substantially redresses the grievance raised in the petition and is taken on record. Respondent No. 3 School shall remain bound by the same. The impugned termination notice shall, accordingly, be treated as withdrawn, and the maternity benefits and other admissible dues shall be released to the Petitioner without undue delay. 5. It is clarified that this order does not preclude Respondent No. 3 School from assessing the Petitioner’s performance after she resumes duties and from taking such decision as may be permissible in law. Any such assessment shall, however, be undertaken fairly and on the basis of relevant material. The Petitioner’s pregnancy, the maternity leave availed by her, or any absence attributable thereto shall not be treated as an adverse circumstance while considering her performance or continuation in service. 6. This Court has not examined the merits of the rival contentions, which are left open. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/07/2026 at 15:29:20 7. The petition, along with the pending application(s), is disposed of in the above terms. SANJEEV NARULA, J JULY 28, 2026 as This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/07/2026 at 15:29:20