HP High Court stays pregnant scientist's dismissal after benefit plea

The Himachal Pradesh High Court stayed the termination of a pregnant scientist, Dr. Aaina Sharma, who was dismissed days after seeking maternity benefits. The court directed she be allowed to continue working pending the next hearing on her petition.

The Himachal Pradesh High Court on Monday has stayed the termination of a pregnant woman scientist dismissed three days after applying for maternity benefits and directed the authorities to allow her to continue working pending further hearing.

Justice Jyotsna Rewal Dua passed the interim order while hearing a writ petition filed by Aaina Sharma against the Union of India and other respondents. The petition was heard on October 9, and the written order has now been made available. The court stayed implementation of the termination order dated August 7, 2026, and directed the respondents to permit Dr. Sharma to continue as Scientist-B (Medical) under her original appointment letter dated July 24, 2024. The matter is listed for further hearing on November 18, 2026.

Court Issues Notices

The High Court issued notices to the Centre through the Secretary, Ministry of Health and Family Welfare; the Department of Health Research, New Delhi; the Indian Council of Medical Research (ICMR); the All India Institute of Medical Sciences (AIIMS), Bilaspur, Himachal Pradesh; and the Principal Investigator, Regional Level Viral Research and Diagnostic Laboratory (VRDL), Department of Microbiology, AIIMS Bilaspur. The respondents have four weeks to file their replies.

Details of the Petition

According to the petition, Dr. Sharma was appointed as Scientist-B (Medical) under the Viral Research and Diagnostic Laboratory scheme, funded by the Union Department of Health Research, following an advertisement issued on March 14, 2024.

Her initial one-year appointment was later extended until March 31, 2027. She submitted an application seeking maternity benefits on August 4, 2026, and alleged that her services were terminated three days later.

The respondents stated that the termination resulted from implementing a revised staffing pattern under the VRDL scheme for the 16th Finance Commission period, covering 2026-27 to 2030-31.

Challenging the decision, Sharma contended that her contractual tenure had been extended until March 31, 2027 and that the scheme was not being discontinued. She further alleged that the government proposed to introduce it under a different nomenclature and recruit contractual staff afresh.

The petitioner argued that terminating her services shortly after she sought maternity benefits was illegal and discriminatory, particularly because her appointment had been extended and the programme was continuing in revised form.

At the interim stage, the High Court stayed implementation of the termination order and directed continuation of her service. The order does not finally determine the petitioner’s allegations or the respondents’ justification, which remain subject to their replies and further consideration by the court. Senior Panel Counsel Narender Singh Thakur represented the respondents. The interim protection will remain in force pending the next hearing on November 18, 2026. (ANI)

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