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HC orders redeployment of contractual teacher whose engagement ended during pregnancy-related medical leave

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Coming to the aid of a contractual government school teacher whose engagement ended while she was on medical leave due to pregnancy-related complications, the Punjab and Haryana High Court has ordered the Haryana government to issue her a fresh deployment letter within four weeks.The direction came as Justice Harpreet Singh Brar’s Bench recorded prima facie satisfaction with her contention that she had sought leave because of compelling medical circumstances. The court also took note that while the contractual engagements of other Trained Graduate Teachers (TGTs) had apparently been extended, the petitioner’s engagement alone had been discontinued.Justice Brar passed the interim order on the civil writ petition filed by Pooja against the State of Haryana and other respondents for quashing a March 16 letter terminating her contractual engagement and sought its restoration, continuation or extension in terms of the government instructions dated May 31, 2019, and February 16, this year.She had also sought full maternity leave benefits, including paid maternity leave, medical bonus and consequential monetary benefits with interest at 18 per cent per annum, as well as suitable compensation for the mental agony, physical hardship and harassment allegedly caused by the denial of maternity protection and discontinuance of her engagement.Appearing for the petitioner, senior advocate Vikas Chatrath submitted that she was appointed as TGT (Science) at Government Senior Secondary School, Chandpura, through the Haryana Kaushal Rozgar Nigam Limited on March 16, 2024.During the course of her employment, she developed serious pregnancy-related complications and was advised complete bed rest for nine months. She applied for medical leave on October 9, 2025, but, instead of considering her request, the authorities discontinued her services on March 16, counsel submitted.Chatrath further submitted that the petitioner delivered a child on April 15. As such, the ground on which she had sought leave was genuine and bona fide. He also argued that the contractual engagements of her similarly situated colleagues had been extended, while the petitioner’s services alone were discontinued. He also submitted that she was willing to forego salary for the period she did not discharge her duties and was now medically fit to rejoin service.It was also contended that regular employees holding the same post were granted maternity leave and that the petitioner’s medical condition stood substantiated by the medical record placed before the court.After considering the submissions, Justice Brar observed: “This Court is prima facie satisfied with the submissions advanced by senior counsel for the petitioner that the petitioner had sought medical leave due to compelling medical circumstances and has since delivered a child. It also appears that while the contractual engagements of the other TGT teachers have been extended, the petitioner’s services alone were dispensed with despite the fact that she had sought leave on bona fide medical grounds.”Issuing notice of motion, the court directed: “In the meantime, the respondent is directed to issue a fresh deployment letter to the petitioner as TGT (Science) within a period of four weeks from today and the petitioner is further directed to join her service within two weeks, thereafter.”The court also directed that the respondents file their reply in the Registry at least a week before the next date of hearing, with an advance copy to the petitioner’s counsel.

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