Misha Upadhyay    [Petitioner]  Vs.  State of Uttarakhand and Others  [Respondents]

Writ Petition (S/S) No. 241 of 2024

(Hon’ble Pankaj Purohit, J.)

Facts: The writ petition is filed by the petitioner seeking a prayer to quash the order dated 15.02.2024 (Annexure-9 to the writ petition), whereby, the petitioner was refused joining on the post of Nursing Officer in B.D. Pandey District Hospital, Nainital only for the reason that the petitioner is 13 weeks pregnant.

Issue: Whether the petitioner has been rightly refused joining due to pregnancy?

Arguments on behalf of counsel for petitioner:

The learned Additional C.S.C. argued vehemently that therefore, there was nothing wrong on the side of the respondent in not giving joining to the petitioner. It is also contended by the learned counsel for the State on instructions, that the duties, which the petitioner has to perform, are cumbersome and owing to her pregnancy, the same could not be performed by her.

Arguments on behalf of counsel for respondent:

The learned counsel for the State handed over the written instruction today in the Court, wherein, it has been stated that since in the medical fitness certificate, the doctor has written “temporarily unfit for joining”, the joining was not given to the petitioner.

Held: The court allowed the present appeal and held that, “On the one hand, a woman is entitled for maternity leave which has now been held as social and fundamental right by the Apex Court time and again, to deny joining on the ground of pregnancy, would be highly discriminatory to a woman. It is certainly in violation of Article 14, 16 and 21 of the Constitution of India. If a situation is visualized that a woman who joins service on fresh appointment and becomes pregnant after joining, she would get maternity leave, then why a pregnant lady cannot join her duties on fresh appointment. After joining, she would also be entitled for maternity leave. This action of the State is highly parochial against the women who make half of the population as said and, therefore, it cannot be countenanced. We have to look at it with a new angle.”

The court also directed that, “The impugned order dated 15.02.2024 is hereby quashed. The respondents are directed to give immediate joining to the petitioner within 24 hours from the date of production of certified copy of this order.”