HC imposes Rs 50K fine on Delhi govt
New Delhi: In a recent judgment, the Delhi High Court imposed a fine of Rs 50,000 on the Delhi government for its failed appeal against a single judge bench order. The order granted maternity benefits to a woman contractual employee at the State Consumer Dispute Redressal Commission. The division bench of the high court dismissed the appeal, labelling it as ‘misconceived’.
The court expressed surprise at the government’s actions, particularly noting the contrast between its promotion of schemes supporting women’s interests and its decision to challenge the maternity benefits. The judgment highlighted the government’s Mukhyamantri Mahila Samman Yojna, which promises monthly financial assistance to adult women in Delhi, excluding certain categories, such as government employees. Despite such initiatives, the government chose to contest the rightful benefits of a woman who had served diligently for over five years.
The bench upheld the single judge’s order, directing the government to pay the respondent salary and other monetary benefits for the 26-week maternity period as per the Maternity Benefit Act, 1961. It dismissed the government’s argument that the respondent was not entitled to benefits beyond the expiry of her contractual engagement, citing previous Supreme Court rulings.
The case revolved around a stenographer appointed on a contractual basis in 2013. Despite continuous service, the commission denied her maternity leave request, citing the impending expiry of her contract. The woman petitioned the court in 2019, seeking both maternity benefits and continuation of her contractual position, which was partly granted by the single judge.
During the proceedings, the Delhi government’s counsel argued that the respondent’s contractual engagement was ending, absolving the government from further payment obligations. However, the respondent’s counsel supported the single judge’s decision, emphasizing her entitlement to all benefits accrued during her pregnancy while her contract was ongoing.
